물품대금
1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is operating a manufacturing business, such as double-story glass processing, with the trade name “E”.
C is a business entity engaged in the proxy voting and advertising agency business in the F, and the name of the representative is the defendant.
B. From December 19, 2013 to January 16, 2014, the Plaintiff supplied PVC materials (hereinafter “instant materials”) at D’s request. The Plaintiff did not receive KRW 330 million for the price of the goods.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 6 (including branch numbers in case of additional number), the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion was to supply the instant materials worth KRW 330 million to C at the Defendant’s request, who is an employee of D.
The defendant, as a party to a material supply contract, is obligated to pay to the plaintiff KRW 30 million for the material price of this case and delay damages for this amount.
Even if not,
Even if the defendant allows D to use his name in the name of C's representative, the defendant is obligated to pay the material price of this case according to the name lender's liability under Article 24 of the Commercial Act.
3. Determination
A. According to each of the evidence Nos. 1 and 6 as to whether the Defendant is a party to a contract, the name of the representative of C is the Defendant; the Plaintiff issued a tax invoice with the Plaintiff supplied C; and the fact that KCC’s business office supplied the instant materials to the location of C upon receiving a request for materials supply from the Plaintiff is recognized.
However, in light of the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, even if the Plaintiff supplied the instant materials upon D’s request, it was immediately concluded a contract between the Plaintiff and the Defendant for the supply of the instant materials.
The Defendant’s material of this case from the Plaintiff.