1. The Defendants’ respective Plaintiff KRW 175,109,100, and Defendant A with respect thereto from October 22, 2013, and Defendant B from October 2, 2013.

Basic Facts

The plaintiff is a company that sells building materials, etc., and the defendant A is a registered titleholder of the "C company", and the defendant B is the non-party D's husband who is the non-party D.

D and Defendant B: (a) on May 11, 201, the name of Gangnam-gu Seoul Gangnam-gu, Seoul E company was named as “C company”; (b) completed the business registration under the name of the Defendant A by setting the type of business as a creative title, steel product business, etc.; and (c) the Defendant D and Defendant B allowed, or implied, to conduct the business by using the business registration under the name of the Defendant A after completing the business registration under the name of the Defendant A.

After the date of the above business registration, Defendant B leased the office of Defendant A in the name of Defendant A, used the above trade name and business registration, and operated the business externally.

While the Plaintiff supplied goods to C company from May 201 to November 2012, the Plaintiff was not paid part of the price of the goods.

Defendant B, under the name of “C Company A” on September 10, 2012, prepared a plan for the payment of unpaid amount of KRW 175,200,000 to the Plaintiff in installments from September 2012 to September 2013, Defendant B signed the Defendant B at the end of the said plan, and then delivered it to the Plaintiff.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 4 (including virtual numbers), and the defendant A's obligation to pay goods for the whole pleadings. According to the above facts, it is reasonable to view that the defendant A has made a transaction by mistake that the defendant A was the business owner of the defendant A, with the trade name of "C company" in the name of the defendant A, and with the business registration of "C company" in the name of the defendant.

Therefore, unless there are special circumstances, Defendant A is the name holder of the name under Article 24 of the Commercial Act, and Defendant B is the name of Defendant A.