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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After filing an appeal.
Reasons
1. Summary of the plaintiff company's assertion
A. 1) The Plaintiff Company and the Defendants are D vessels owned by the Defendants (hereinafter “D”).
(2) The Defendants agreed to be supplied with fishery products, such as fireworks, from the Defendants after paying the said advance payment to the Defendants. The Defendants received cumulative contract amounting to KRW 206,911,476 from the Plaintiff Company up to November 19, 2012, but did not supply fishery products thereafter, and did not perform their obligations under the above agreement. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff Company the Plaintiff Company the amount of KRW 206,911,476 and the damages for delay thereof. (2) The Defendants are jointly and severally liable to pay the Plaintiff Company the Plaintiff Company as the owner of the fishery products supply contract and the name of the business owner as the Defendants. The Plaintiff Company paid the advance payment to the Defendant Company’s account under the name of the Defendant Company B from December 2012 to the Defendant’s account. In light of the fact that the Plaintiff Company received purchase tax invoices issued under the name of the Defendant Company B, the Defendants Company may be deemed to have concluded the agreement to supply the Defendant’s fishery products to the Plaintiff Company and its parents, etc.
Even if not, there was a justifiable reason to believe that the plaintiff company had such authority with J et al.
The Defendants are liable for the performance of obligations under a fishery products supply contract concluded between J, etc., an agent (or expressed agent) and the Plaintiff under Article 114 of the Civil Act, Article 48 of the Commercial Act, or Article 125 of the Civil Act. Accordingly, the Defendants are jointly and severally liable for the payment of the amount set forth in paragraph (1) of the said Article to the Plaintiff Company (the Plaintiff Company withdraws the existing nominal lender’s liability and the user’s liability at the trial,