1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company engaged in the business of selling petroleum and petroleum products and subsidiary products, and the Defendant is registered as a business entity of “C” in the place of business.

B. On July 3, 2014, the Plaintiff and the Defendant prepared a “basic contract for goods transaction” as of July 3, 2014, stating that the Plaintiff shall supply synthetic resin products at C places of business, and the Defendant shall pay the price of the goods in cash by the end of the month following the month in which the Plaintiff’

C. From November 2012, prior to the preparation of the basic contract for the transaction of goods, the Plaintiff supplied synthetic resin products (revited plastics) at C’s workplace from November 201, 2012, and issued a tax invoice for the price of goods. From April 30, 2015, the outstanding amount as indicated below was generated.

(hereinafter the above commodity supply contract is “the instant commodity supply contract,” and the outstanding amount is “the instant outstanding amount”). D.

The Plaintiff, while substantially operating C, prepared a written confirmation on the repayment plan of the outstanding amount in this case (Evidence 2 of this case), either expressed his intention to purchase goods (Evidence 3 of this case), or prepared a inventory certificate (Evidence 4 of this case), and D was the substantial party to the contract for the supply of goods in this case, and the Defendant was liable for the nominal lender under Article 24 of the Commercial Act, asserting that the Defendant was a person who lent the name of the business operator and was liable for the nominal lender under Article 24 of the Commercial Act, the Plaintiff filed a request for payment order against D and the Defendant for the payment of the outstanding amount.

On March 3, 2016, the above court ordered the Plaintiff to jointly and severally pay the outstanding amount of the instant case and the damages for delay thereof, which became final and conclusive as of March 25, 2016 on the ground that D did not raise any objection.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings.