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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, a corporate entity that manufactures and sells paints, supplied interior materials and goods, such as paints, to the “E” from May 2014 to February 2016 as the name of its business operator, and the Plaintiff was not paid KRW 40,534,650 as of December 31, 2018.
B. The Plaintiff issued a tax invoice to the Defendant in relation to the above goods transaction, and the Plaintiff filed a value-added tax return in accordance with the tax invoice issued by the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. The parties' assertion (1) The plaintiff asserts that the defendant should pay the unpaid price of the goods because the goods are supplied as above in transactions between the defendant who operates E.
(2) The defendant asserts that the actual operation of the "E" and the transaction of goods with the plaintiff is F, and the defendant only permits F to use the name of business registration.
B. (1) The authenticity of the signature affixed to a document is actually presumed, unless there are special circumstances, to the extent that the signature affixed to the document is affixed by his/her seal, and the authenticity of the document is actually presumed based on the will of the person in whose name the document is written, and once the authenticity of the signature is presumed, the authenticity of the document is presumed pursuant to Article 358 of the Civil Procedure Act. However, if it is proved that the act of affixing the seal was carried out by a person other than the person in whose name the document was written, the document presenter bears the burden of proving that the act of affixing the seal was based on a legitimate title delegated by the person
(Supreme Court Decision 2002Da69686 delivered on April 8, 2003, etc.). A’s certificate No. 4 (written notice of payment of goods) is recognized to have affixed the name of E, the business registration number, and the name of the defendant, and the seal of the defendant. However, the above seal is not the defendant but the F.