1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who runs a synthetic leather wholesale and retail business with the trade name “C,” and the Defendant is a person who works for a company D (hereinafter “Nonindicted Company”) from August 10, 2013 to November 15, 2013 as a business director.

B. The non-party company is a company established on February 8, 2010 for the purpose of wholesale and retail business, manufacturing business, etc., such as women’s paintings, handbags, and miscellaneous goods.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 3, purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) has supplied the Defendant with leathers, etc. (hereinafter “instant goods”) from June 2013. The Defendant did not pay KRW 9,751,200, out of the instant goods price of KRW 13,951,200, which was supplied by the Plaintiff from October 18, 2013 to November 18, 2013.

Therefore, the Defendant is obliged to pay the Plaintiff the remainder of KRW 9,751,200 (=13,951,200-4,200,00) and damages for delay.

(2) The defendant's assertion that the plaintiff entered into a goods supply contract with the sub-committee company and supplied the goods of this case to the above company. Thus, the defendant is not liable to pay the above goods.

(3) According to the records in Gap evidence No. 2, the first transaction date is written as October 18, 2013 in the "Report on Transactions by Period (Evidence No. 2)" prepared by the plaintiff, and the defendant signed as "DB" at the bottom of the report, but it is acknowledged that the defendant added the whole purport of the pleadings to each of the statements in the evidence No. 2 through No. 4.