1. The Defendant shall pay to the Plaintiff KRW 103,521,122 and the interest rate of KRW 15% per annum from January 9, 2018 to the date of complete payment.

1. The Plaintiff is a company established in accordance with the law of the People's Republic of China and engaged in the manufacture and sale of clothing, etc., and the Defendant is a company with the aim of clothes trade business and wholesale and retail business.

Around May 2017, C, who used the vice president of the Defendant Company, concluded a contract with the Plaintiff to import clothes verbally, and agreed to pay the price in accordance with the credit.

The Defendant: (a) requested IBK Enterprise Bank to establish the L/C in the name of the Defendant; and (b) around May 2017, the Plaintiff: (c) loaded and supplied each of the clothing of USD 67,815 (hereinafter “$67,815”) and the clothing of USD 48,430 (hereinafter “the instant clothing”) equivalent to USD 48,430; and (d) received delivery of the instant clothing of this case which arrived at the Incheon Port at that time.

Of the shipping documents on the clothing of this case, the Defendant stated in the column of “APLICT” in the column of “the consignor/ exporter (sipper/Exer)” in the invoice.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3-1, 3-3, witness Eul's testimony and the purport of the whole pleadings

2. Summary of the parties' arguments

A. As the Plaintiff supplied the instant clothing to the Defendant, the Plaintiff sought payment of USD 96,245, which was unpaid, out of the price for the instant clothing.

Even if the Defendant was not a party to whom the instant clothing was supplied, the Defendant is liable as a nominal lender pursuant to Article 24 of the Commercial Act.

B. The parties to the instant clothing supplied by the Plaintiff are C, and the Defendant merely opened only the L/C under the name of the Defendant upon C’s request, and only provided C with the import of C’s instant clothing on behalf of the Defendant. Therefore, the Defendant did not have a duty to pay the instant clothing price to the Defendant.

3. Determination

A. The party to the contract is the party involved in the contract.