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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff supplied women’s clothes to the Defendant, who had actually operated the “D” whose substance of the Plaintiff’s assertion was registered as a business operator C, until 2014.
As of July 21, 2015, the Defendant, as the buyer, did not receive KRW 85,641,400 as of July 21, 2015, must pay to the Plaintiff.
2. At the time of the Plaintiff’s supply of women’s clothes to “D”, the Defendant actually operated it and the Defendant is the buyer.
The evidence Nos. 4 and 5 (Recording, Textbook) merely stated to the effect that the Defendant, who was the pet of “D” operated by “D, was unable to pay the price for the goods to the Plaintiff and her husband E as a goods transaction, and thus, it is insufficient to recognize the above assertion.
In addition, even if the evidence No. 11-1 of the evidence No. 10 and No. 13-1 of the evidence is followed, it can be known that the plaintiff supplied the clothing to the defendant who operated the "F" at the Namyang-si, which is also insufficient.
Rather, considering the following circumstances, the Defendant’s assertion that C, the nominal owner of the business, actually operated “D” is reasonable, taking into account the following circumstances: (a) descriptions of evidence Nos. 1, 2, 3, 6, and 15 and the purport of the entire pleadings.
In other words, the Plaintiff filed a complaint against C and the Defendant on the grounds of fraud on July 21, 2015, and agreed on July 21, 2015 to receive KRW 85,641,400 in installments each month from KRW 500,00 to KRW 1,000,000 each month, and accordingly, the Defendant was missing.
C was granted immunity on March 11, 2016 by Seoul Central District Court 2015Da9394 under the status that the Plaintiff was included in the creditor.
When it was impossible to receive the price of goods from C, the Plaintiff filed the instant lawsuit against the Defendant on March 29, 2016 to pay the price of goods.
3. The plaintiff's claim for conclusion cannot be accepted, and it is so dismissed as per Disposition.