The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

1. Facts of recognition;

A. The Plaintiff is a person who operates wholesale and retail business, such as agricultural products, group meals, etc. under his/her spouse’s name (C) and runs a wholesale and retail business, and the Defendant is a person registered as a business owner of “E” who runs wholesale and retail business, such as agricultural products, group meals, etc.

B. On November 21, 2018, E entered into a contract for the purchase of the following food materials with F elementary schools:

Consumers: Representative B contract name of E: Contract price for the purchase of food ingredients for F elementary school meals (agricultural products): 17,771,800 won: 2018-12-3 or 2018-12-27

C. From December 3, 2018 to December 27, 2018, the Plaintiff supplied food materials equivalent to KRW 17,184,100 to F elementary schools.

(d)

On January 8, 2019, the Defendant received KRW 17,184,100 from the F elementary school in the name of the Defendant.

E. The Defendant and G traded money, from June 2, 2017 to January 12, 2019; the Plaintiff and G, from January 5, 2017 to November 6, 2018; and the Plaintiff and the Defendant traded money, such as the attached list of deposit and withdrawal (hereinafter “attached sheet”) from May 2, 2017 to September 5, 2018.

[Ground for recognition] Unsatisfy facts, Gap 2, 3, 5, 7, 8 evidence, Eul 1-4, and 9 evidence (including various numbers; hereinafter the same shall apply), the result of each order to submit financial transaction information to H banks and Industrial Bank of Korea, the purport of the entire pleadings

2. The parties' assertion

A. The Plaintiff asserted that: (a) the Defendant and the Plaintiff participated in the supply of food materials conducted at a school within his/her respective jurisdiction from March 2017 to December 2018; and (b) the Plaintiff was selected as a supplier of a school within his/her jurisdiction; and (c) the Plaintiff agreed to supply the materials to the relevant school; and (d) the business entity selected as a successful bidder agreed to pay the goods paid from the school to the other party (hereinafter “instant agreement”). The Defendant’s Party E was selected as a food supply business entity of F elementary schools, a school within the Plaintiff’s jurisdiction; and (e) the Plaintiff’s food materials amounting to KRW 17,184,100, at the said school.