Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is a person engaged in the business of producing mopy seedlings with the trade name of Jindo-gun D, Jindo-gun, and the Defendant is a person engaged in the business of producing mopy seedlings.
B. Around November 2010, C introduced the Defendant to the Plaintiff who intends to sell the former uniforms. Around November 201, the Defendant confirmed the status of the latter uniforms at the Plaintiff’s aquaculture and decided to purchase KRW 300,000,000 of the former uniforms at KRW 90,00.
C. On November 19, 2010, the Defendant was handed over 300,000 won from the Plaintiff’s aquaculture.
On November 13, 2010, the Defendant respectively remitted C the amount of KRW 20,000,000,000, and KRW 20,000,000 on November 5, 201.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3 (including each number; hereinafter the same shall apply), Gap witness C's testimony and the purport of whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion that the plaintiff between the plaintiff and the defendant constituted a sales contract of 300,000 won for the pre-delivery failure, and C merely mediates the above sales contract between the plaintiff and the defendant. Thus, the defendant is obligated to pay 50,000,000 won for the remainder of the goods price to the plaintiff.
The defendant asserts to the effect that he purchased 300,000 won directly from the plaintiff, not directly from the plaintiff, but from C.
B. In full view of the following circumstances, i.e., (i) the Defendant directly confirmed the Plaintiff’s garment and purchased the purchase price at KRW 300 per pre-delivery as the Plaintiff’s aquaculture; (ii) the Plaintiff directly selected the Plaintiff at the time of delivery of the garment and delivered it to the Defendant; and (iii) the witness C testified to the effect that she would introduce the Defendant to the Plaintiff at the court of first instance, around the end of 2010, the Plaintiff sold KRW 300,000,000 to the Defendant.