물품대금
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
The plaintiffs asserted that they supplied meat retail business to the defendant who runs the wholesale retail business in the name of "B" from March 2014 to September 2014 (However, they reduced to KRW 7,233,729, the defendant only supplied the plaintiff's goods, such as the above scrap, to D who runs the livestock products distribution business in the trade name of "C" as the defendant's person, and the defendant did not receive any meat supply from the plaintiffs.
Judgment
In a case where a contract is concluded by using another person’s name at will, the former shall first be determined as the party to the contract. In a case where the intent of the actor and the other party as to who is the party to the contract is consistent with that of the actor or the nominal owner, the latter shall be determined as the act of the actor or the act of the nominal owner according to the consistent intent. However, where it is impossible to determine the consistent intention, if the other party is a rational human being based on the nature, contents, purpose, circumstances leading to the conclusion of the contract, and detailed circumstances before and after the conclusion of the contract, it is reasonable to determine the party in accordance with which the actor and the nominal owner
(see, e.g., Supreme Court Decision 2011Da12842, Oct. 11, 2012). Therefore, we examine whether the Plaintiffs supplied each device stated in the claims to the Defendant.
In full view of the respective descriptions and arguments described in Gap 4-1, 4-2, 5-1-5-7, 6-1-6, 7-1-7, 7-8, 8-1-8, and 8-6, the defendant is operating the wholesale retail business with the trade name of "B" in Seo-gu, Daejeon from May 20, 2004. D was working as the defendant's employee in the above B. Since March 3, 2014, from Daejeon, it was operating livestock product distribution business with the trade name of "C", and the plaintiffs are listed in the attached list.