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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, as the Plaintiff, entered into an agency contract with the company name, “D”, “E, etc. from around 201 to around 201, and from 201, the Plaintiff entered into and operated the agency contract with the Plaintiff (hereinafter “instant agency contract”) to purchase and sell air conditioners, etc. (hereinafter “instant agency contract”). The main content of the instant agency contract is that C orders the air conditioners, etc. by specifying “enterprise name, place of installation, product type, quantity, etc.” in the Hamando, it provides air conditioners, etc. at a price lower than the market price at a price lower than the market price at the time of placing an order for the Mamando. The Plaintiff bears the duty to supply air conditioners, etc. only at a specific place at the time of placing an order for the Mamando as above.
B. From August 5, 1996, the defendant has been running a business of wholesaleing and retailing home appliances and cooling and heating equipment at the place of business with the first floor in Yongsan-gu Seoul Metropolitan Government.
C. Around April 201, the Plaintiff supplied the Defendant with a quantitative air conditioners, etc. (hereinafter “instant goods”) for KRW 36,200,000 (hereinafter “instant goods supply contract”), and on April 19, 201, the instant agency contract entered into between the Plaintiff and the Defendant with C is a party to the instant agency contract with C, the Plaintiff’s children, and the parties to the instant goods supply contract, or the Plaintiff appears to have actually dealt with a considerable portion of the business affairs under the instant agency contract for C. Thus, the Plaintiff appears to have also expressed the Plaintiff as the subject of the instant agency contract.
In the Manmando, the air conditioners, including the instant goods, requested the supply of air conditioners.
On April 26, 2011, the Defendant directly transferred KRW 36,200,000 to the bank account of Manmando.
The defendant raises objection from the plaintiff.