1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a company that runs the wholesale and retail business of cosmetics.

The defendant is a person engaged in the wholesale and retail business of cosmetics with the trade name of "C", and D is a defendant's employee.

B. Around May 2016, D drafted an agency contract under which the Defendant would sell cosmetics produced and supplied by the Plaintiff in the military area under the name of the Defendant (hereinafter “instant contract”).

C. Until April 2017, the Plaintiff supplied cosmetics to “C”, and did not receive the outstanding amount of KRW 11,715,000.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The parties’ assertion that the Plaintiff concluded an agency contract with D representing the Defendant and supplied cosmetics to the Defendant by April 2017, the Defendant asserts that the Defendant should pay 11,715,000 won for the unpaid goods and damages for delay.

Accordingly, the defendant asserts that since D, which is a mere employee of the defendant, concluded an agency contract with the plaintiff without legitimate authority, the above contract has no effect against the defendant, and even if it extends the above contract to the defendant, there was no supply of goods equivalent to 11,715,000 won as the plaintiff's assertion.

B. The following circumstances, which are acknowledged by comprehensively considering the overall purport of the arguments in each of the aforementioned basic facts, evidence as seen earlier, Gap evidence as well as Gap evidence Nos. 2, 3, and 4 (including spot numbers, if any), i.e., purchase, sale, etc. of cosmetics as the defendant's children; ② D, preparing the instant contract on behalf of the defendant, affixed the defendant's seal in preparing the instant contract; ③ the plaintiff issued a tax invoice with the defendant as to the cosmetics supplied after the preparation of the instant contract, and ④ the plaintiff issued a tax invoice with the defendant as to the cosmetics supplied after the preparation of the instant contract.