물품대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts may be found either in dispute between the parties or in each entry in the evidence Nos. 1 to 3, respectively, by integrating the whole purport of the pleadings:
The plaintiff is a manufacturer of various packaging boxes, and the representative of the plaintiff is C, a internal director.
B. C completed personal business registration under the trade name of “A”, and was engaged in the manufacturing and selling business of various packaging boxes identical to the Plaintiff.
C. The Defendant is a company established by D, which was the representative director of B Co., Ltd. (hereinafter “B”), and both the Defendant and the Nonparty are medical waste collection and transportation companies.
2. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) C is that, from January 5, 2011 to June 30, 2011, “A” under the name of “A” and “A” are medical packaging boxes, etc. (hereinafter “mail boxes”) to the Defendant.
From July 10, 201, C and the Plaintiff supplied packaging boxes to the Defendant under the Plaintiff’s name. 2) The Defendant sold the same packaging boxes produced in the same factory individually, and the Defendant was also well aware of these circumstances, without distinguishing C and the Plaintiff. The amount of packing boxes paid by the Defendant in the year 2011 was first appropriated for the amount of packing boxes supplied by C, and the remainder was traded in the form of a transaction appropriated for the amount of packing boxes supplied by the Plaintiff, and the amount of packing boxes supplied by C was fully paid.
3) The Plaintiff continued to supply packaging boxes to the Defendant by June 2015. However, the Defendant did not receive KRW 11,739,536 out of the amount of packing boxes paid by the Defendant. Accordingly, the Defendant is liable to pay the Plaintiff the unpaid packing boxes amount of KRW 11,739,536 and the delay damages therefrom.
B. The summary of the Defendant’s assertion 1 is as follows: (a) from March 14, 2011 to May 12, 2015, the sum of the price paid from the Plaintiff is 981,719.