1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a company whose purpose is the supply, sale, distribution, and processing business of agricultural, livestock, and forest products. The Defendant was appointed as the representative director of D Co., Ltd. (hereinafter “D”) on January 10, 2013 for the purpose of food processing and sale business, but was retired on March 31, 2016 and currently serving as a director.

B. On September 1, 2015, D entered into a food materials supply contract with the E Association (hereinafter “E Association”) and supplied food materials to E Association from that time until March 31, 2016.

C. In supplying food materials as above, the Plaintiff placed D food materials, storage facilities, and transportation vehicles, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 5, the purport of the whole pleadings

2. The plaintiff's assertion

A. In light of the foregoing, the Plaintiff, who was the representative director of D, agreed to receive the consideration from the Defendant, and provided D with business facilities, food materials storage facilities, delivery vehicles, and human resources necessary for the supply of food materials to F from September 1, 2015 to March 31, 2016, the Plaintiff is obligated to pay to the Plaintiff KRW 350,00 (50,00 per month x 7 months x 7 months), transportation charges of KRW 37,076,182 (=259,274 x 143 x 143), labor expenses of KRW 378,780 (i.e., KRW 270,00 x 7 months x 2) and delay damages.

B. Preliminaryly, even if the Plaintiff and the Defendant did not enter into the above agreement on the payment of the price, the Plaintiff, a merchant, carried out the business of storing and transporting the said goods, loading and unloading, leasing offices, and providing human resources for D within the scope of business. D is merely the Defendant’s individual enterprise behind the corporate personality, but in substance, D is merely a type of a legal entity.