The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

The plaintiff is a corporation with the purpose of export and import business of food, kitchen supplies, miscellaneous goods, cosmetics, etc. and wholesale and retail business. The defendant is a person who runs a comprehensive wholesale business (export business) in the trade name of "C", and D is erroneous by the defendant.

On August 19, 2016, under the name of the Plaintiff and Defendant (C), a contract for the supply of goods (as referred to in the instant contract for the supply of goods, hereinafter referred to as “instant contract for the supply of goods”) was drafted on August 19, 2016, with the following content as follows:

The contract for the supply of the goods of this case is accompanied by a business registration certificate and a copy of the deposit passbook under the name of the defendant.

Article 2 (Transaction Products) All the goods, such as cosmetics, food, miscellaneous goods (hereinafter referred to as "transaction goods") supplied in Korea by Article 2 (Transaction Products) C.

Provided, That the type of transaction goods may be determined by consultation with the plaintiff and C.

Article 3 Supply prices of transaction goods shall be determined based on the standard price agreed upon.

When the defendant presents the standard unit price for transaction goods and changes the unit price, he/she shall notify the plaintiff in writing 30 days prior to the change.

The price changed may be applied from 30 days after the date of notification.

Article 4 (Order) The Plaintiff shall place an order with a letter specifying the kind, item, quantity, price, place of supply, etc. of the goods, and take into account the Defendant’s ability to supply the goods and inventory.

The last payment date shall be determined by mutual consent of both parties.

Article 5 (Supply) The Defendant shall supply the goods ordered by the Plaintiff at the time and place designated by the Plaintiff, and request an examination, and the supply is completed upon passing the Plaintiff’s examination and completing delivery.

Provided, That where the defendant fails to pass the examination, he/she shall correct the cadastral matters at the time of the examination and request a re-examination.

Article 6 (Payment of Price) The plaintiff and C shall be either at the time of placing an order within the inventory range held by C.