물품대금 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. (1) Determination as to the primary claim (1) The Plaintiff, a company supplying the Plaintiff’s alleged cable, etc., began to provide D Co., Ltd. (hereinafter “Nonindicted Company”) with goods equivalent to KRW 6,930,00 on April 28, 2017, and was supplied several times until January 26, 2018, and only received KRW 34 million out of the price of the goods.
However, the actual party who traded the goods above with the Plaintiff is not the non-party company, but the defendant company is the non-party company, and the non-party company is merely the defendant company formally.
Ultimately, the Defendant Company, which is the actual party to the above goods transaction with the Plaintiff, is obligated to pay to the Plaintiff the balance of the goods price of KRW 73,640,698 (=107,640,698 won-34 million) and damages for delay.
(2) The written evidence Nos. 2 through 9 alone, as alleged by the Plaintiff, is nothing more than the mere fact that the Defendant Company formally delivered for the transaction of goods with the Plaintiff, and it is insufficient to recognize that the actual party to the transaction of goods is the Defendant Company, and there is no other evidence to acknowledge this otherwise.
Therefore, the plaintiff's assertion that the actual party who traded goods with the plaintiff is the defendant company is without merit.
B. (1) The Plaintiff’s assertion did not have any intent or ability to pay the price, even if the Plaintiff was supplied with goods from the company operating a hot spring and tourist accommodation facility that is entirely irrelevant to the supply and supply of the goods, such as cables.
Defendant C, the representative director of the Defendant Company, in fact, traded goods with the Plaintiff on the ground that the Defendant Company was a party to the goods transaction with the Plaintiff, who had no means to pay the goods price, was the party to the goods transaction. Accordingly, the Plaintiff was from the Nonparty Company.