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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On October 10, 2017 to October 30, 2017, the Plaintiff, a personal entrepreneur, engaging in wholesale and retail business of fishery products, supplied goods equivalent to KRW 216,695,00,00, which were totaled from October 10, 2017 to October 30, 2017. On October 20 and October 27, 2017, the Plaintiff received KRW 37,402,00 in total and KRW 17,402,00 in total and KRW 37,402,00 in total, and thus, the Defendant is obligated to pay the Plaintiff unpaid goods amounting to KRW 179,293,00 and delay damages therefrom.
B. The plaintiff sent to the non-party E a copy of the defendant's business registration certificate and the name of the defendant's director while sending the name of the defendant's director to the non-party E as the defendant's director. The defendant supplied the goods in trust, and the defendant paid part of the price of the goods to the plaintiff. Since the defendant is liable for transaction activities with the plaintiff pursuant to Article 125 of the Civil Code, it shall pay the plaintiff
2. Determination
A. Taking into account the following circumstances, such as: (a) there is no seal of the defendant stated in each transaction statement (Evidence A 2 and 5) prepared by the plaintiff; (b) there is no receipt certificate that the defendant received goods from the plaintiff; and (c) there is no contact with the defendant, considering the fact that the documents submitted by the plaintiff alone between the plaintiff and the person who referred to as "E" in the negotiation of the contract and the delivery of goods; and (d) there is no contact with the defendant, the evidence submitted by the plaintiff alone is insufficient to acknowledge the fact that the plaintiff supplied goods to the defendant by concluding a contract for the supply of goods between the plaintiff and the defendant, and there is no other evidence to acknowledge it.
B. In addition, in order to establish an expression agency under Article 125 of the Civil Act, the defendant has given the power of representation to E.