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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff asserted that, among the Dudo-gun C New Construction Works, the Defendant supplied the Defendant with timber equivalent to KRW 48,298,80 (including value-added tax) with respect to reinforced concrete construction works from August 10, 2013 to October 31, 2013, the Plaintiff claimed against the Defendant for payment of the material price of KRW 48,298,80 and delay damages therefor.
In regard to this, the defendant asserts that the party who entered into a goods supply contract with the plaintiff is not the defendant, but the defendant is not the defendant's employee but the defendant has been engaged in a transaction by lending only the name of the defendant.
2. In a case where a contract is concluded by using another person’s name at will, the identity of the person who is a party to the contract should be determined first. In a case where the intent of the actor and the other party as to who is the party to the contract is consistent, the act of the actor or the nominal owner shall be determined as the act of the nominal owner according to the consistent intent. However, where it is impossible to determine the consistent intent, if the other party is a rational human being, it shall be determined by how to understand either the actor and the nominal owner as the party to the contract, and it is reasonable to determine the conclusion and validity of the contract based on the nature of the contract, content
(see, e.g., Supreme Court Decision 94Da4912, Sept. 29, 1995). 3. Determination of this Court
A. According to the statements in evidence Nos. 2 and 6, E and the Defendant drafted a subcontract for the Defendant’s sewage supply of reinforced concrete construction work (hereinafter “instant construction work”) among “C-Newly constructed construction work,” which was contracted by E from Ydo-gun on June 20, 2013 (Evidence No. 6), and the Plaintiff from July 29, 2013 to August 29, 2013.