물품대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. The Plaintiff is a company that runs the business of manufacturing and selling agrochemicals.
The defendant is an individual entrepreneur who runs wholesale and retail business of agrochemicals in the name of "C" (the opening date of business December 1, 201).
B. The Defendant reported the marriage on January 28, 2004 with B and the Defendant reported the divorce on February 4, 2016.
On the other hand, the certificate of registration of pesticide sales business in C is written as the manager.
C. On August 20, 2014, the Plaintiff issued the electronic tax invoices of KRW 579,920,00 (the supply price of KRW 527,200,000, the tax amount of KRW 5220,000) to the Defendant, and on March 31, 2015, the Plaintiff issued the electronic tax invoices of KRW 14,080,00 (the supply price-12,80,000, the tax amount of KRW 1,280,00 (the supply price-12,80,000, the tax amount of KRW 1,280,00) to the Defendant.
【Fact-finding without dispute over the ground for recognition】 The evidence Nos. 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Gap evidence Nos. 11 and 12, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) around June 2014, the Plaintiff entered into a contract with the Defendant to manufacture and supply pesticide-related goods, and supplied goods equivalent to KRW 579,920,00 in total to the Defendant, and received return of KRW 14,000 among them. Since the Defendant paid KRW 21,00,000 as the price for the goods, the Plaintiff shall pay KRW 544,840,000 (= KRW 579,920,000 - KRW 14,080,000 - KRW 21,000,000 for the unpaid goods (= KRW 579,920,000 - KRW 21,00,000) and delay damages to the Plaintiff.2) At the time, the Plaintiff’s employee was in charge of the Plaintiff’s husband.
Since the Defendant: (a) was granted the power of representation from the Defendant and transacted with the Plaintiff; (b) was a party to a contract to pay the price of goods; or (c) was a manager with the comprehensive power of representation for the business of B; (c) was liable to pay the price of goods pursuant to Article 11 of the Commercial Act; or (d) implicitly allowed the use of his name to B.