1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The gist of the Plaintiff’s assertion (i) entered into a contract for the supply of aggregate through B with the Defendant, and the Plaintiff transported tin to the Defendant’s factory located on the Seocheon-si from March 2012 to May 2012. The Defendant did not pay KRW 53,139,00 (including transportation expenses) (i.e., KRW 13,90,000 for March 2012) as of April 28, 2012, and accordingly, sought payment against the Defendant for the said aggregate payment.

B, even if the other party to the transaction which entered into the agreement with the Plaintiff on the supply of the aggregate was not the Defendant, the Plaintiff believed that he is the actual operator of the Defendant and supplied tin to the Defendant’s factory, and the Defendant’s employees issued the Plaintiff or the Plaintiff’s transportation engineer who carried tin in the Defendant factory with the Defendant’s name affixed and sealed the Defendant’s name. In light of this, the Defendant permitted the Defendant to conduct the business using the Defendant’s name, and thus, the Defendant is jointly and severally liable for the payment of the above aggregate amount to the Plaintiff as the nominal owner under Article 24 of

B. The summary of the Defendant’s assertion (i) there was no fact that the Defendant entered into or traded a aggregate supply contract with the Plaintiff, and that the Defendant was not obliged to pay aggregate charges to the Plaintiff as a party to the aggregate supply contract, since the Defendant entrusted the purchase and transportation of raw materials, the supply and transportation of processed sand, and the oil supply for the transport vehicles to B while engaging in all transport transactions with the Plaintiff.

Doshe did not allow B to use the name, and since the Plaintiff transacted with B other than the Defendant, the Defendant is not liable for the nominal lender to the Plaintiff.

2. Determination

(a)the aggregate costs, as the other party to whom a contract for the supply of aggregate has been concluded with the Plaintiff regarding the determination of aggregate costs under the aggregate supply contract;