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1. The part against the defendant B in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant B is dismissed.
2...
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who runs a wholesale business among fishery products in the E market (hereinafter “E market”) under the trade name of “D”, and Defendant C is a person who runs a high fish wholesale business after registering his business in the name of “F” in the name of Defendant B from Jeju-do.
B. Around June 2013, Defendant C entered into a consignment contract between the Plaintiff and the Plaintiff on consignment (hereinafter “instant consignment contract”) with the payment of the remaining amount after deducting the Plaintiff’s commission and related expenses (4% of the auction commission, lower cost, freight, etc.) from the auction price of high-level fish products in the E market (hereinafter “G”), if Defendant C supplies high-level fish in Jeju-do, the Plaintiff supplied high-level fish at the auction of G Co., Ltd. (hereinafter “G”), which is a wholesale market corporation for fishery products in the E market. However, the Plaintiff supplied high-level fish with each of the instant consignment contracts to the Plaintiff on June 117, 2013, 2013, 323 gamblings on July 1, 2013, 2013, 208 gamblings on July 29, 2013, 15, 2013, 31, 2013.
C. Defendant C, around October 28, 2013, intended to pay the Plaintiff the high-light language price to be supplied after the vehicle. Defendant C first paid KRW 20 million to the Plaintiff, and the Plaintiff transferred KRW 20 million to the Defendant B’s account designated by Defendant C (hereinafter “instant advance price”).
Since then, Defendant C supplied each of the following services to the Plaintiff: (a) on October 31, 2013; (b) on November 7, 2013; (c) on November 1, 2013; and (d) on November 2, 2013; and (c) on November 59, 2013.
E. The Plaintiff issued to Defendant C a statement of the shipment price settlement with the following content with respect to the ancient language supplied from June 10, 2013 to November 2, 2013, and paid to Defendant C a total of KRW 66,82,656.
The amount of the sale (such as commission, expense, etc.) of the fixed quantity (box) shall be settled on June 10, 2013, 202, 4,445,000 4,7714,012,012, 229, 22310,820,500 2,142,9418,67,559 on July 29, 2013, 22,336,004, 160,1758 (G),058 (G), 22,36,000, 160, 156, 18, 175, 844.