A. The relevant Plaintiff is a legal entity that manufactures and sells construction household products, food stuff products, etc., and the Defendant is a private business entity that sells building materials, etc. in the trade name of “B” from around 2014.

B. From January 2015, the Plaintiff supplied the Defendant with concrete goods worth KRW 192,385,204 in total by the end of August of the same year.

C. The Defendant paid the Plaintiff’s price for the goods. The Defendant paid the Plaintiff’s total amount of KRW 81,859,232 from January 2015 to March 2016.

Accordingly, the Defendant did not pay to the Plaintiff the remainder of the price of the goods up to now, 110,525,972 (the supplied amount: KRW 192,385,204 - the paid amount: KRW 81,859,232).

Therefore, a judgment, such as the statement of claim, is sought.

2. According to the reasoning of the evidence Nos. 1, 2, 3, 4, and 5, and the fact-finding inquiry by the head of the competent tax office and the whole pleadings, the fact that Nonparty C has registered the trade name of “B” in the name of the defendant and has made a transaction with the plaintiff, and the unpaid amount of goods constitutes 110,525,972.

Therefore, pursuant to Article 24 of the Commercial Act, the Defendant is obligated to pay the Plaintiff the amount of KRW 110,525,972 as well as the amount calculated by applying the rate of 6% per annum as prescribed by the Commercial Act from March 19, 2016 to December 12, 2017, which is the delivery date of a copy of the instant complaint, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.