물품대금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The Plaintiff’s assertion C (hereinafter “C”) was not paid for the goods supplied to the Defendant from July 2017 to February 2018, 2018, and the Plaintiff acquired the Plaintiff’s claim against the Defendant for the payment of the goods. As such, the Defendant is liable to pay the Plaintiff the price for the goods, KRW 42,396,942, and delay damages.
2. The fact that there was a commodity transaction between C and the Defendant is also acknowledged by the Defendant. However, it is insufficient to recognize that C has a claim for the price of the goods in KRW 42,396,942 against the Defendant solely on the basis of the statement in the evidence No. 3-1 to No. 7 (the preparation title is “D”) and the evidence No. 4, and there is no other evidence to acknowledge the existence of the claim.
In addition, it is not sufficient to recognize the fact that the plaintiff has lawfully acquired the claim of C by only the descriptions of the evidence Nos. 1 and 2, and there is no other evidence to acknowledge it.
(B) According to the plaintiff's statement No. 2-2, C's legal representative is director E, even if the plaintiff's own assertion is based on the plaintiff's own assertion, the plaintiff is entitled to enter into a contract for the transfer of claims in the name of C as the actual representative of C, and the plaintiff is merely the representative in the name of E, but there is no evidence to acknowledge the plaintiff's assertion, the plaintiff's claim shall be dismissed as it is without merit. The judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is so decided as per Disposition.