1. Defendant D Co., Ltd.: (a) KRW 74,867,873 to the Plaintiff and 6% per annum from February 1, 2019 to October 20, 2020.

Basic Facts

The plaintiff is a person who engages in wholesale and retail business of electrical materials with the trade name of "E".

Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a corporation established for the purpose of electrical construction business, etc., and Defendant C is the representative director of Defendant Co., Ltd.

[Ground of recognition] The Plaintiff asserts that, inasmuch as the Plaintiff promised to pay the Plaintiff the amount of 74,867,873 won of the unpaid goods as of December 20, 2018 by the end of January 2019, Defendant C paid the amount of 76,979,573 won in total and damages for delay from February 1, 2019 to the principal of the goods, the Plaintiff is obligated to pay the amount of interest for delay as of February 1, 2019.

As to this, Defendant C asserted that the Defendant Company is a party to the transaction, and it is not a party to the transaction but a party to the transaction, not a party to the transaction.

The Plaintiff supplied goods to Defendant C.

There is no evidence to prove that Defendant C agreed to perform the obligation to pay for the goods to the Plaintiff.

The plaintiff presented a letter of payment (Evidence A 1 and 3) as evidence, but in the document, the defendant C can only be viewed as having promised to pay the price of goods as the representative of the defendant company.

The plaintiff's claim against the defendant C is without merit.

Pursuant to the overall purport of the statements and arguments stated in Gap evidence Nos. 1, 3 (Incompetence), 4, and 5 before determining the claim against the defendant company, the defendant C, on behalf of the defendant company, shall pay 74,867,873 won to the plaintiff on December 20, 2018, on behalf of the defendant company, on an amount of KRW 10,000,000,000 on December 21, 2018, and on an installment basis, on December 30, 2018, he/she shall pay KRW 30,00,000,000 on December 26, 2018, and KRW 34,867,873 on January 34, 2019.

The defendant company set up a defense that the balance of the price of the goods exceeds KRW 30 million by paying a total of KRW 42,000,000 on four occasions from December 21, 2018 to December 31, 2018.

However, the evidence Nos. 1 to 6 is respectively.