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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. The Plaintiff is a person who runs a wholesale and retail business with the trade name of “C”.
B. From March 201 to June 14, 2014, the Plaintiff supplied a vessel to the “E fishing place” located in Seosan City. In this regard, the amount of the livelihood that was not paid as of June 14, 2014 is KRW 51,125,000.
[Ground of recognition] The defendant is a person who actually operates the "E fishing place" alleged by the plaintiff of the parties concerned as to the facts without dispute, Gap evidence 1-1-53, Gap evidence 2-2, and the purport of the whole pleadings. Thus, the defendant is obligated to pay the plaintiff the above amount of 51,125,00 won for the livelihood of the above worker.
The defendant's assertion that the operator of the "E fishing place" and the other party who entered into a contract for the livelihood supply with the plaintiff are not the defendant, but the defendant is F, and the defendant only helps the operation of F's fishing place. Thus, the plaintiff's request cannot be complied with.
Judgment
A. The key issue of the instant case is whether the other party who entered into a livelihood supply contract with the Plaintiff is the Defendant.
B. According to the statements in Gap evidence No. 1-1-53 and Gap evidence No. 2, it is recognized that the defendant signed several times as a consignee of goods on the plaintiff's transaction statement by date, and that the defendant remitted the prepaid payment from his own account to the plaintiff's account under the plaintiff's name several times.
C. However, the following circumstances, which can be known by the overall purport of Gap evidence 1-1 to 53, Gap evidence 2, Eul evidence 1-2, Eul evidence 3-1 to 9, Eul evidence 4-5, and evidence 5, i.e., ① a person who has obtained permission for the fishing place business of "E fishing place" from the rice market and a lessee of waters for fishing business from the Korea Rural Community Corporation, are not the defendant, but the defendant, and ② a person who has signed the plaintiff's trade schedule by date, ③ a person who has remitted the prepaid payment from his own account to his account in the plaintiff's name.