물품대금
1. The Defendant’s KRW 47,534,400 and the Plaintiff’s annual rate of KRW 6% from April 1, 2016 to June 29, 2018, and the following.
1. Facts of recognition;
A. The Plaintiff operates a wholesale and retail business of medical appliances with the trade name C and D, and the Defendant operates a wholesale and retail business of medical appliances and goods with the trade name called E.
B. From August 3, 2015 to March 31, 2016, the Plaintiff supplied the Defendant with medical devices, etc. equivalent to KRW 101,534,400 (hereinafter “instant goods supply contract”), and the Plaintiff received KRW 54,00,000 out of the supply price of goods, and did not receive the remainder of KRW 47,534,40.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, purport of the whole pleadings
2. Determination
A. 1) With respect to a party’s assertion that the Plaintiff claims the Defendant for the price of goods which was not paid under the instant contract for the supply of goods, the Defendant traded with F and received a tax invoice issued under the F’s direction. Inasmuch as the Plaintiff did not have the right to claim the price under the instant contract for the supply of goods in the name of another person, if the actor and the title holder who entered into the judgment were to engage in a legal act under the name of another person, whether the actor and the title holder are the parties to the instant contract shall first be determined as the party to the contract in accordance with the consent of the actor and the other party. In the event that the intent of the actor and the other party are inconsistent, if the other party are reasonable on the basis of the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract, etc., the parties shall be determined by whether
(See Supreme Court Decision 2001Da32120 delivered on September 5, 2003). We examine the following circumstances, namely, the Plaintiff as the supplier, taking into account the facts acknowledged and the overall purport of Gap evidence Nos. 1 through 5, 7, 8, and 11 and the entire purport of arguments.