1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 11, 2012, the Plaintiff supplied goods equivalent to KRW 48,450,337 on 45 occasions from that time to January 30, 2013, including the supply of rectangular pipes equivalent to KRW 3,453,977 to Co., Ltd. (hereinafter “Nonindicted Company”) that the Defendant served as the representative director, and received KRW 21,523,582 out of the price of goods from the Nonparty Company.

B. Nonparty Company closed its business on April 24, 2013, and the Defendant registered its business with the trade name “C” on December 24, 2013 and engages in the sale of construction materials.

[Ground of recognition] without any dispute, Gap evidence 1 through Gap evidence 3, Gap evidence 6, purport of whole pleadings and arguments

2. The plaintiff's assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Defendant promised to pay the Plaintiff the price of the goods of the non-party company as the representative director of the non-party company. 2) The Defendant, after acquiring the business of the non-party company, has operated the same purpose of business as the non-party company in the name of “C” at the same place as the address of the non-party company. Thus, the Defendant is obligated to pay the Plaintiff the price of goods

B. Determination 1) There is no evidence to prove that the Defendant promised to pay the price of the goods of the non-party company to the Plaintiff. 2) The trade name between the non-party company B and the non-party company C was the same, and the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the Defendant acquired the business of the non-party company, and there is no other evidence to prove otherwise.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.