1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. The key issue of the instant case is that the Defendant received food materials equivalent to KRW 16,79,301 (hereinafter referred to as “instant food materials”) from December 1, 2014 to January 12, 2015, there is no dispute between the parties.

The plaintiff asserts that the food materials of this case were supplied under the supply contract with the defendant, while the defendant was supplied with the food materials of this case under the supply contract with the company B (hereinafter referred to as the "non-party company") which had previously engaged in the transaction of food materials, and the plaintiff is merely a mere agent for the distribution business of the non-party company related to the above supply.

Therefore, the main issue of this case is whether the party who entered into a supply contract with the defendant and supplied the food materials of this case is the plaintiff or the non-party company.

2. Determination

A. We examine the following circumstances, which can be recognized by comprehensively taking into account the overall purport of the pleadings in the statements in Evidence Nos. 1, 3 through 5, 7, 9 through 12, and evidence Nos. 1, 3, 4, and 11: (i) the Plaintiff, who has completed business registration with the trade name of “C” and run a wholesale retailer business, such as food materials, upon entering into an agency contract with the non-party company on May 1, 2013; (ii) the Defendant also entered into an agency contract with the non-party company with the non-party company and sells food materials to the customer; (iii) the agency contract between the Defendant and the non-party company was terminated on October 27, 2014; (iv) the agency contract between the Defendant and the non-party company was concluded on October 27, 201 (Evidence No. 14; and (v) the agent’s contract was concluded with the defendant on October 27, 2013; and (v) the contract was concluded on October 14, 2014.