1. The plaintiff's claims against the defendants are all dismissed.

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

1. The plaintiff's assertion is a person engaged in the manufacturing and wholesale business of textile with the trade name "E".

From January 21, 2003, Defendant B was supplied with the original parts of the clothing and household industrial materials (hereinafter “instant goods”) from the Plaintiff. From May 23, 2012, Defendant B was supplied with the instant goods by creating a business entity of the same kind as “G” in the name of the Defendant C, one’s spouse, and thereafter was supplied with the instant goods from February 1, 2018.

In this process, Defendant C subscribed to KRW 41,613,243 of the price of the instant goods by Defendant C, and Defendant D subscribed to KRW 53,514,419 of the price of the instant goods by Defendant C. Ultimately, Defendant D’s obligation to pay for the instant goods is KRW 55,210,359.

The Defendants, as family relations, have continued to be supplied with the instant goods by the Plaintiff while acquiring the instant goods payment obligation in succession. As such, the Defendants are jointly and severally liable to pay 5,210,359 won for the unpaid goods and damages for delay.

2. First of all, we examine who is the substantial party in the instant goods transaction.

In cases where an actor who enters into a contract performs a juristic act in another person’s name, as to whom the actor or nominal owner is the party to the contract, the parties to the contract shall first determine the offender or nominal owner as the party to the contract in accordance with the same intent, and where the intent of the actor and the other party is not in accord, in accordance with the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and details of the contract, if reasonable persons are to understand the offender and the nominal owner as the party to the contract.