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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 2014, the Plaintiff’s summary of the Plaintiff’s assertion provided the Defendant with a package vinyl equivalent to KRW 40,568,209 (including value-added tax) twice.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 20,568,209, which is the remainder, excluding KRW 20,000,000, which was already paid to the Plaintiff, and damages for delay.
2. The key issue of the instant case is whether the principal agent who entered into a plastic supply contract with the Plaintiff for packing purposes is the Defendant.
Comprehensively taking account of the overall purport of evidence Nos. 12 and 7 of the evidence Nos. 4-12 and 7, the Plaintiff issued each electronic tax invoice with the total amount of KRW 18,443,480 on May 6, 2014 (i.e., the total amount of KRW 16,76,800, the supply price of KRW 1,676,680), and the total amount of KRW 22,124,729 (i.e., the supply price of KRW 20,113,390, the tax amount of KRW 2,011,339, Jun. 19, 2014); the Defendant paid KRW 16,00,000,000, KRW 4,000, KRW 14,000, KRW 30,000, Aug. 1, 2014).
However, in full view of the statements in Eul evidence No. 1 and the overall purport of testimony and arguments by witnesses D, D, a director of the defendant representative director, F and vice president of the defendant corporation E (hereinafter "E"), requested Eul to introduce the company packing in vinyls such as Mayp and Maypyp, Ma, etc. to the defendant corporation E (hereinafter "E"), and the above F introduced the plaintiff through the representative I of H, a trading company that supplies amblings to the defendant corporation. E, an agricultural company that mainly produces and sells agricultural products exempt from value-added tax-added tax-free goods, the plaintiff issued a tax invoice indicating the defendant as to transaction between the plaintiff and E, and as the plaintiff refused to pay the price from the defendant, it can be acknowledged that the plaintiff requested Eul to prepare a notarial deed for the remaining amount of supplied goods to Eul who is a director, and received it.
According to these facts, only the above facts are recognized as follows, the plaintiff and the main agent who has traded vinyl for packaging.