A. The Plaintiff’s assertion is that the Plaintiff engaged in the production and printing of paper boxes with the trade name “D,” and that the Defendant’s East E, the representative director, and the Defendant’s business entity, from October 30, 2015 to August 12, 2016, produced and supplied package boxes, etc., but did not receive KRW 64,455,590 for goods.

However, on May 25, 2016, when the non-party company discontinued its business, the defendant continued to operate its business with the trade name "G" similar to the above company's trade name. Thus, on May 19, 2016, the plaintiff asserted in the complaint of this case that "the commencement date of the supply of boxes to the defendant to the defendant" as " June 14, 2016." However, in light of the above facts, the plaintiff's statements in the evidence No. 3-2, No. 2, No. 3, and No. 4-1 and the defendant's statements as the commencement date of the supply of boxes as of May 19, 2016, the above assertion seems to be erroneous.

In addition to the amount of unpaid payment for the goods directly supplied from August 12, 2016 to the price for the goods that have not been repaid to the plaintiff of the company, the company is liable to pay in accordance with Article 42 (1) of the Commercial Act.

Therefore, it is necessary to seek payment from August 13, 2016, which is the day following the final supply date, for the amount of 64,455,590 won which was not paid to the defendant.

B. The defendant's assertion recognizes the defendant's obligation to pay the unpaid amount of goods supplied by the plaintiff directly. However, the amount is limited to 11,287,750 won, and the defendant did not take over the business of the non-party company. Thus, the defendant is not liable to pay the unpaid amount of goods to the plaintiff.

2. Determination

A. According to each of the evidence Nos. 1-3-1 through 4, and 4 of the judgment on the claim for the purchase price of goods inherent by the Defendant, the Plaintiff’s package totaling KRW 64,737,750 to the Defendant from May 19, 2016 to August 12, 2016.