1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On May 12, 2014, the Defendant entered into a contract with the Plaintiff to purchase scrap metal, etc. generated from the construction site on the land of the non-party C and one parcel for KRW 220 million.

The payment of KRW 150 million in advance to the above contract was made, and the balance of KRW 70 million was paid by mutual agreement according to the fairness.

On the day of the contract, the Defendant paid the Plaintiff KRW 150 million in advance. From May 10, 2014 to July 7, 2014, the Defendant paid KRW 70 million in total to Nonparty D’s account, a field agent of the Plaintiff, from May 10, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, the purport of the entire pleadings, whether D has the authority to receive the payment for scrap metal on behalf of the plaintiff, or whether the defendant has a legitimate reason to believe that D has the authority to receive the payment for scrap metal on behalf of the plaintiff.

There is no evidence to deem that D has been granted the right to receive the instant scrap metal from the Plaintiff.

Rather, the witness D testified to the effect that he received KRW 70 million from the Defendant in order to secure the part to be settled, since he did not notify the Plaintiff of the fact that he received KRW 70,000,000,000 from the instant scrap metal price, and since he had contracted the instant construction with the Plaintiff and the same business, he had to settle its profits.

Therefore, D cannot be deemed to have the authority to receive the scrap metal price on behalf of the plaintiff.

However, according to the witness witness witness D's testimony and the purport of the whole argument, D made it possible for the Plaintiff with a construction business license to receive a contract, and managed the construction site as the Plaintiff's on-site agent and settled the Plaintiff's profits, D sold scrap metal to the Defendant in the status of the Plaintiff's on-site agent and received a direct scrap metal from the Defendant, and D was the instant case.