물품대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the descriptions of Gap evidence 1 to 4, evidence 6-2 and 8, evidence 1 to Eul evidence 1, and witness B and witness C, respectively.
From November 1, 2011, the Plaintiff was engaged in the elevator parts manufacturing business under the trade name called D with B and operated independently after resignation from D companies on August 31, 2013.
B. The Defendant was supplied with elevator parts from the D Company solely from the time when the D Company was operated by the D Company. From July 4, 2013 to September 25, 2013, the elevator parts worth KRW 12,728,760 was supplied from the D Company.
C. From September 2, 2013 to October 31, 2013, the Defendant remitted the sum of KRW 12,728,760 to the bank account in the name of B (Account Number: E; hereinafter “instant account”) as the price for elevator parts.
2. The allegations by the parties and the determination thereof
A. The Plaintiff asserted that this case’s account is a personal account used by B, but is not an account used for the business of D Company, and thus the Defendant remitted KRW 12,728,760 to the instant account.
The defendant asserts that the defendant still has the obligation to pay 12,728,760 won of elevator parts to the plaintiff.
On the other hand, the defendant asserts that he paid all elevator parts by remitting the sum of KRW 12,728,760 to the account in this case.
B. In full view of the written evidence Nos. 1, 2, and 4 of the evidence Nos. 1, 2-1, 2, and 4 and the overall purport of the pleadings in the testimony of the party witness B and C, the account holder of the instant account is a company B and D. In transactions with D companies, the Defendant has used all the instant account and our bank account (Account Number:F) only in the name of D companies. The Plaintiff and B commenced the business as between November 1, 201 and April 2, 2012.