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1. The Defendant shall pay to the Plaintiff KRW 23,882,040 and the interest rate of KRW 15% per annum from March 19, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff supplied livestock products to the Defendant (C) through B from June 1, 2014 to September 31, 2014, and was not paid KRW 23,882,040.
B. Meanwhile, the price of goods is deposited from the account under the name of the defendant to the Plaintiff’s account, and a tax invoice issued in the name of the defendant for the said transaction.
[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay directly to the parties to the transaction or the nominal lender under Article 24 of the Commercial Act a balance of KRW 23,882,040 of the price of the goods and damages for delay at the rate of 15% per annum from March 19, 2016 to the date of full payment, as the Plaintiff seeks.
B. The defendant concluded a branch contract with B and lent the name to B, and the plaintiff argued that he knew or was unaware of such fact due to gross negligence, but the testimony of the witness B is insufficient to recognize it, and there is no other evidence to acknowledge it. Thus, the defendant's above assertion is without merit.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.