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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From July 3, 2015 to August 27, 2015, the Plaintiff operating the Plaintiff’s assertion C supplied food and food materials to the Defendant. Since the Defendant did not pay KRW 30,505,150, the Plaintiff sought payment.
2. 1) First of all, it is insufficient to acknowledge the Plaintiff’s assertion that the Plaintiff has a claim for the same amount of money as the Plaintiff supplied food materials equivalent to the above amount of KRW 30,505,150 to the Defendant with Gap evidence Nos. 1 through 4, Gap evidence Nos. 5-1, and Eul evidence Nos. 5-2, and witness evidence D’s testimony alone, and there is no other evidence to acknowledge the above assertion. 2) Rather, taking full account of the overall purport of the arguments, the following facts can be acknowledged in light of Gap evidence Nos. 1, 2, 1, and 4, and witness evidence Nos. 1 and 4, as a whole.
① A was originally operated by E, and E was operated by lending the name of the Defendant who was one of the “small President” due to bad credit standing.
C supplied food materials from the supplier and stored them in the warehouse, and supplied them to the small president, and the small president “small president” transferred the food materials supplied as such to E to the Defendant’s account under the name of the Defendant that E manages.
② On July 3, 2015, the Plaintiff, an employee of the company that supplied land to C, took over C from E around July 3, 2015.
However, even after the Plaintiff acquired such food materials, E has been involved in the supply of food materials in a continuous warehouse C, and E has prepared a shipment site where the Defendant supplied (exploiting) food materials equivalent to KRW 30,505,150 to August 27, 2015.
③ Even after the Plaintiff acquired C, the Defendant received food materials from August 27, 2015 according to the supply of E (ex officio) and granted approval from the Plaintiff. On September 4, 2015, upon the request of E, the Defendant paid the price for the goods supplied to F (ex officio) by paying KRW 11 million to the Plaintiff.
(4) E shall be dated 2015.