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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the defense prior to the merits
A. The defendant's assertion is that the plaintiff's transaction party is the non-party C (hereinafter "non-party company"), and the defendant is an employee in charge of general affairs of the non-party company. Thus, the lawsuit of this case seeking payment of the goods against the defendant is an unlawful lawsuit against the non-party entitled to the defendant. The defendant's argument is determined as a prior defense of the main claim to the effect that the lawsuit of this case is illegal against
B. In a lawsuit for performance of judgment, since a person who asserts himself/herself as a person holding standing to sue, who is asserted as a person holding standing to sue by him/her, has standing to sue, and thus, whether he/she is a party standing is a standing to sue, based on the plaintiff's assertion itself, and it does not require the original
(See Supreme Court Decision 94Da14797 delivered on June 14, 1994, and Supreme Court Decision 2003Da44387, 44394 delivered on October 7, 2005, etc.). The Plaintiff is seeking a payment against the Defendant. As such, the Defendant has the qualification to be the Defendant.
The defendant's prior defense on the merits is without merit.
2. The parties' assertion
A. The plaintiff asserted that the plaintiff entered into a contract with the defendant for the supply of goods with 3,00 paper boxes for packaging 3,00 to the non-party E located in Busan Seo-gu (hereinafter "non-party E"). Since the above paper boxes are supplied to the non-party E, the defendant is obligated to pay the above paper boxes to the plaintiff.
B. The defendant's assertion that ① the plaintiff's counterpart is the non-party company that is not the defendant, and the defendant is not the party to the contract, and thus there is no obligation to pay the price for the above goods. ② The plaintiff did not deliver 130 paper boxes to the non-party supply company, and thus, the damage equivalent to KRW 9.10,00
3. Determination
(a) 1 Party to a determination on the cause of the claim;