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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 28, 2015, the Plaintiff’s assertion as to the cause of the claim supplied the Defendant, who runs the retail business of automobile parts with the trade name of “C”, with automobile parts of KRW 21,249,360 (including value-added tax), and the Defendant did not pay the price despite the Defendant’s claim on June 30, 2015, even though he/she claimed the payment to the Defendant on June 30, 2015.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 21,249,360, and the amount of damages for delay calculated at the rate of 6% per annum under the Commercial Act from July 1, 2015 to the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. Determination
A. Comprehensively taking account of the descriptions in the evidence No. 1-1, No. 1-2, and No. 2-2, and the following circumstances acknowledged by witness E, each of the above evidence alone is deemed insufficient to recognize that the other party who supplied the automobile parts is the Defendant (In light of the above evidence, the Plaintiff appears to have sold the automobile parts to E person or E’s user, and the E or F again sold them to the Defendant). ① The Plaintiff supplied the automobile parts to E on May 28, 2015 at the request of E, the head of the F business division, and the Plaintiff was unaware of the fact that the said automobile parts were supplied to the Defendant at the time of the supply.
② E procured goods from a large number of companies and supplied them to the Defendant prepared to establish a F agency, and the Defendant paid the price for the goods at the direction of E.
Although the defendant was able to know where the goods were first supplied, the defendant paid the price of the goods according to the direction of the defendant's intention to be supplied with the goods from E and to pay the price of the goods to him.
③ The Plaintiff shall supply the goods to E for one year.