2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. On August 7, 2015, the Plaintiff drafted to the Defendant and B a scrap metal contract stating that the scrap metal generated from the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Removal Site (hereinafter “instant construction site”) is sold to KRW 115,00,000 (value-added tax separate) (hereinafter “instant shipment contract”). The “Party B,” which is obliged to acquire and pay the scrap metal under the instant shipment contract, includes the Defendant’s name and seal affixed to the Defendant’s name and seal, and the signature, address, and contact number of B at the bottom of the contract.

B. B and the Defendant collected both the scrap metal and the rain metal (electric wires, etc.) arising from the above site in accordance with the instant shipment contract.

C. Meanwhile, the Defendant paid KRW 70,000,000 in total, including the Plaintiff, KRW 60,000,000 on August 18, 2015, and KRW 10,000 on September 18, 2015, as the price for the instant shipment contract. On October 21, 2015, the Defendant paid KRW 7,000,000 as the price for the instant shipment contract.

【Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, 9 (including branch numbers), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff is a party to the instant shipment contract, and the Plaintiff is obligated to pay the Plaintiff the remainder of KRW 45,000,000 ( KRW 115,000,000 - KRW 70,000), and the delay damages therefrom.

B. The Plaintiff decided to dispose of scrap metal and non-ferrouss generated from the construction site of this case to the Defendant B in the form of a party to the instant shipment contract instead of B whose business registration was not made. The Defendant’s intent to become a party to the instant shipment contract constitutes a false declaration of intention or a false declaration of agreement, and thus, the part of the instant shipment contract to which the Defendant is a party is a party is null and void and thus, the Defendant is not liable.

However, even if not, the price of the instant shipment contract is 115,000.