매매대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that the Plaintiff runs the business, such as the wholesale of scrap iron, with the trade name of “C” is either a dispute between the parties or may be recognized by the purport of the entire pleadings.
2. The assertion and judgment
A. The gist of the parties’ assertion (1) The Plaintiff agreed to be supplied with the Defendant with scrap metal, etc., and paid the Defendant the scrap metal, etc. by March 2014. However, the Defendant supplied only part of them with scrap metal, etc., and did not supply the remainder of KRW 46,986,70 for the remainder of KRW 46,986,70.
On the other hand, around April 11, 2014, the Plaintiff supplied the Defendant with electric wires and other goods equivalent to KRW 11,638,000 in total, and the Defendant did not pay the price.
Therefore, the defendant is liable to pay to the plaintiff 58,624,700 won (=46,986,700 won) and damages for delay.
(2) The Defendant’s employee working in the Defendant “D” did not know the Plaintiff, and did not engage in any transaction between the Plaintiff and the Plaintiff with goods such as electric wires. The Defendant’s friendship E with the Defendant appears to have engaged in a transaction with the Plaintiff by stealing the Defendant’s name.
B. As to whether the Plaintiff traded with the Defendant by payment of the advance payment until the end of March 2014, or traded goods, including electric wires, around April 11, 2014, whether the Plaintiff traded with the Defendant or traded goods, such as electric wires, are insufficient to recognize the facts alone, and there is no other evidence to acknowledge them.
Therefore, the Plaintiff’s assertion is difficult to accept.
3. The plaintiff's claim is dismissed. It is so decided as per Disposition.