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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Basic facts
A. The Plaintiff is a person engaged in the business of manufacturing chemical products with the trade name of “D,” the Defendant is a person registered as the business owner of “F” located in Yongsan-gu Seoul Metropolitan Government, and the co-defendant C of the first instance court (hereinafter “C”) is a person who is the actual operator of the above F and is the representative director of Nonparty G Co., Ltd.
B. On January 31, 2008, H entered into a contract for the supply of goods with C and D (hereinafter “instant contract for the supply of goods”). At the time of the instant contract for the supply of goods, “Agreement on the Supply of D and D” (A) entered into with C as “A and F Representative B” under the name printed on “B,” and affixes his personal seal and affix his personal seal affixed thereon, and then affix his personal seal affixed his personal seal on the printed side of “A and D”, and then write his name on the following.
C. C was supplied with goods, such as taxation, in the name of F, by the Plaintiff according to the instant goods supply contract. The said F was practically closed around 201, and C was continuously supplied with taxation from the Plaintiff since June 201, while operating the Plaintiff Company G.
The Plaintiff supplied taxation, etc. until May 1, 2012 according to the actual C’s request, and the price for goods not paid until now is KRW 23,274,00.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 12, 15, 16, Eul evidence 1 (including branch numbers), the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion 1) The plaintiff is responsible for the party to the goods supply contract. Since the defendant supplied taxation, etc. to F, the representative, pursuant to the goods supply contract of this case, the defendant is jointly and severally liable with C to pay the above unpaid goods price and damages for delay.