1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 6, 2013, the Plaintiff entered into a contract with the Defendant, a company operating the manufacture, sale, and distribution of milk-processed products, under which the Defendant would receive and sell the products (hereinafter “instant contract”). Accordingly, the Defendant supplied milk products until October 2014.

B. The plaintiff is the above A.

Around the time of port, Seoul Guarantee Insurance Co., Ltd. entered into a performance guarantee insurance contract with the content of guarantee of payment for credit goods, the insured, the Defendant, the insurance amount of KRW 20,000,00, and the insurance period from October 28, 2013 to October 27, 2014.

C. The Defendant filed a claim for payment of the performance guarantee insurance with Seoul Guarantee Insurance, the insurer, on the ground that the Plaintiff did not perform its obligation to pay the price of goods.

[Grounds for Recognition: The descriptions of Evidence Nos. 1, 3-1, 2, and 4, and the purport of the whole pleadings]

2. The plaintiff's assertion that Eul suffered a claim against the non-party Eul, but C entered into the contract of this case in the name of the plaintiff as it is difficult for the plaintiff to be supplied with a pro rata product because it is not good credit condition, and the plaintiff borrowed only the name of the business operator to C, and the defendant was also aware that C actually operated the agency. Thus, the contract of this case between the plaintiff and the defendant constitutes a juristic act by false agreement and thus null and void.

Therefore, the plaintiff is not liable to the defendant for the payment of the price of goods under the contract of this case.

3. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the descriptions of Gap evidence Nos. 2, Eul evidence Nos. 1 and Eul evidence Nos. 4, the plaintiff, at the time of entering into the instant contract, directly to the defendant at the time of entering into the contract.