1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Summary of the parties' arguments

A. The Plaintiff supplied food materials with the trade name of “C” and the Defendant operated the restaurant “E” with the trade name of “D.”

The Plaintiff supplied the goods to the Defendant from around 2011 and reached KRW 13,474,570 around April 10, 201.

However, since the defendant paid only KRW 9,00,000 to the plaintiff, it is obligated to pay the remainder of KRW 4,474,570 and delay damages.

B. Defendant E’s restaurant was operated by F, and the Defendant lent F a business name “D” to F.

However, the plaintiff knew that F borrowed the business name "D" from the defendant and transacted with the plaintiff, so the defendant is not liable to pay the above goods.

2. The following circumstances, which are considered to be comprehensively taken account of the overall purport of the arguments in the statements in Gap evidence Nos. 1 through 3, Gap evidence Nos. 5, Eul evidence Nos. 1 through 6, i.e., the restaurant under the name of "E", "E", made a transaction by using the trade name of "O" and issuing a tax invoice," "E in fact operated by the defendant's spouse," "F is not the defendant," while serving as an employee of the defendant's spouse who takes charge of funds in the above restaurant, he lent the defendant's name to the above F. ③ The plaintiff was established on Feb. 2, 2010 and closed around September 201, "H's name, the spouse of the above F, who was the above F's spouse, made a transaction using the trade name "H," and "E, which was opened on Oct. 10, 2011, the plaintiff again brought a lawsuit against the above GE.

(b) Even if the president of the Fte, the president of the Republic of Korea, who was in the middle of the year, has been in the middle of the year, shall be in the middle of the year, and he shall be in the middle of the year.