정산금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings on the witness D and witness C of the first instance trial, each of the witness D and witness of the first instance trial, and witness E of the first instance trial.
The plaintiff is a company that runs the wholesale and retail business, etc. with the trade name of "F", and the defendant is a person who runs the wholesale and retail business, etc. with the trade name of "F", and C is the husband of the defendant.
B. D is a person who, without a business registration, lends the name of the business operator to another person and runs a wholesale and retail business of scrap metal and scrap metal. On May 11, 2009, when acquiring the scrap metal and scrap metal arising from G from the site of removal of the factory of Korea & B License Co., Ltd. (hereinafter “Korea”) from G, the Defendant borrowed the Defendant’s business name from the Defendant’s side in return for the low supply of the said scrap metal, and decided to sell the said scrap metal to another business entity using that business name.
C. On May 13, 2009, D visited the Plaintiff’s office with the Defendant’s business registration certificate, seal, and above F’s name plates, and on the same day, D entered into a goods delivery contract (a certificate No. 3; hereinafter referred to as the “instant contract”) with the Defendant and D selling the entire scrap metal of the instant scrap metal at KRW 160,00,000 for the Plaintiff (hereinafter referred to as “the instant scrap metal”). The main contents are as follows.
On the other hand, at the time of the preparation of the above contract, C has affixed the defendant's seal and F's name to the debtor's column, affixed his signature, and D has stamped his own seal on the side of his personal information stated in the debtor's column.
The Plaintiff’s goods delivery contract form “A”, “F Representative (Defendant)” and “B,” and the Parties enter into a goods delivery contract as follows:
Section 1. The lender A shall be the borrower under an agreement stipulated in this Agreement.