1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The plaintiff is a person who supplies the original body with the trade name of "C", and the defendant is a company that manufactures the clothing products by processing the original body, and the MM design (hereinafter "MM design") is a company that supplies the clothing products, etc. and engages in the wholesale and retail business of clothing products.

B. On October 24, 2013, the Plaintiff received an order from the original group on December 14, 2013, and on December 16, 2016 of the same month, supplied the Defendant with an amount equivalent to KRW 5,988,90 of the original group (name 100% POL MEMY, size 58/59, total quantity of KRW 11,065, unit price 4,600, hereinafter “the original group”).

C. The Defendant manufactured the clothing to the instant original body and supplied it to the M design.

MM design was decided to take a preservative measure on April 25, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 4 and 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff supplied the original unit of this case to the Defendant, the Plaintiff sought payment of KRW 55,988,90, which is the original unit payment, and damages for delay.

B. The buyer who purchased the original unit of this case from the Plaintiff is not the Defendant, but the Defendant directly received and processed the original unit of this case from the Plaintiff under the direction of the MM design, and only supplied the finished product to the M design.

Therefore, the price of the original unit of this case must be paid by the MM design rather than the defendant.

3. According to the statement in the certificate No. 1 Eul 1 Eul, the original defendant and the MM design of this case purchased the original part of this case necessary for the manufacture of clothing from the plaintiff and raised it to the defendant, and the defendant purchased only some of the parts of the parts procured from the above materials and supplied them to the MM design, and the original part of this case is the M design.