1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant is an enterprise that produces and sells organic fertilizers. Since 2014, Nonparty C entered into an agency contract with the Defendant under the name of another person (a contract for retirement expenses or consignment sale) and supplied and sold fertilizers to the local farmers of Gangseo-gu Busan Metropolitan City and then received the fertilizer from the Defendant, and operated the business in such a manner as to pay the agreed fee in accordance with the supply and sale volume.

B. On July 1, 2015, the Plaintiff entered into an agency contract with the Defendant (hereinafter “instant entrustment contract”) and supplied and sold the Defendant’s fertilizer to local farmers of Gangseo-gu Busan Metropolitan Government.

C. C was detained as a crime of fraud on September 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7 (including those with serial numbers), fact-finding response results of the first instance court's first instance court's fact-finding response results, the purport of the whole pleadings

2. From September 2015 to March 2016, the Plaintiff is obligated to pay the Plaintiff the sales commission for the above 41,460 Pools (hereinafter “instant fee claim”), barring any special circumstance, as there is no dispute between the parties that the Plaintiff supplied and sold the Defendant’s 41,460 Pools to farmers pursuant to the instant consignment contract.

3. Determination on the defense, etc.

A. The Defendant’s defense argues that C embezzled the Defendant’s fertilizer sales proceeds, and that C and the Plaintiff agreed with the Plaintiff to waive the instant fee claim instead of not enforcing liability for damages against C’s embezzlement.

However, the confession as to the formation of a document is a confession as to the facts of assistance, but the confession as to the cancellation is identical to the confession as to other indirect facts, unlike the cancellation of confession as to other indirect facts.