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The plaintiff's appeal is dismissed in entirety.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the shipping brokerage business, trade business (equipment, steel), etc., and Defendant B is a person engaged in trade business, etc. under the trade name of “D,” and Defendant C is a spouse of Defendant B and operates “D” together.
B. From January 2018 to August 2018, the Plaintiff supplied 61,15,831 won in total of the vessel components, such as SPARE, to D, and on the other hand, E, the representative of the Plaintiff, lent money of KRW 41,905,185 in personal amount to Defendant C.
C. The above loan claims between E and Defendant C are in the name of “D”, ① 5,000,000 won in personal account on July 16, 2018, ② the same year.
8. 10. The Plaintiff Company’s account deposited KRW 11,793,814, and paid all.
[Ground of recognition] No dispute is raised, each entry and the purport of whole pleading of Gap evidence 1 to 3, 9 through 12 (including paper numbers)
2. The plaintiff, first of all of the determination of the parties' arguments, asserts that the plaintiff is the cause of the claim in this case, the defendant C is the actual operator of the "D", and the defendant B is the nominal operator of the "D". The defendants jointly and severally are liable to pay 12,173,424 won of the unpaid goods to the plaintiff. Accordingly, the defendants asserted that the above goods were fully repaid.
In full view of the overall purport of arguments in the statements in Gap evidence Nos. 4, 5, and Eul evidence Nos. 1 through 4 (including paper numbers), the plaintiff and Eul, and the defendants can be found to have traded not only the names of "D" but also the personal names of "E and defendant C with respect to the above goods price and loan," and the total sum of 61,15,831 won and loan Nos. 41,905,185 won recognized earlier and the total sum of 103,061,016 won paid by the defendants to the plaintiff or E is deemed to be in excess of 104,910,738 won, and the evidence submitted by the plaintiff alone can be recognized.