1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. The Plaintiff is a company that runs wholesale and retail business of livestock products.

On May 20, 2004, the Defendant is running meat packaging business, etc. with the trade name of “B” in Seo-gu, Daejeon.

B. From January 20, 2014 to February 28, 2014, the Plaintiff supplied a total of KRW 12,420,048 to B operated by the Defendant, and the full payment was made around February 28, 2014.

C. Around January 9, 2014, D: (a) leased part of the first floor of the Seo-gu Daejeon, Seo-gu, Daejeon, a building adjacent to B, from the Defendant; and (b) registered its business as C on March 3, 2014.

The Plaintiff supplied C with imported land equivalent to KRW 288,200,156 from March 7, 2014 to September 4, 2014.

At the time, the Plaintiff issued a tax invoice with the “C Company D” with the recipient as the “C Company D,” and the “C” also entered as the opposite contractual party.

E. Most of the goods prices of C were transferred from the Defendant’s wife G account to the Plaintiff via Internet banking.

F. The remainder of the price for the Plaintiff’s goods to C is KRW 9,829,933 as of the end of the transaction.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 4, 5, 11, 12, Eul evidence Nos. 1, 2 and 5 (including each number), the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion 1) The Defendant, on March 3, 2014, requested the Plaintiff to issue a tax invoice by changing the Plaintiff into C after completing a new business registration under the name of “C” with the name of “C,” which was an employee of D, who was employed in B. Since D, with the name of the director of the Department of C, ordered the Plaintiff to engage in business activities, such as ordering the Plaintiff to place an order. Therefore, the Defendant is obliged to pay the Plaintiff the balance of the price of the goods generated in the course of operating C, the amount of KRW 9,829,93, and the delay damages therefor. 2) The Defendant’s assertion was not traded with the Plaintiff from March 2014, and did not operate C.

D The Defendant, who was first of January 201, 201.