1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff asserted that D Co., Ltd. (hereinafter “D”) supplied D Co., Ltd. (hereinafter “D”), from May 3, 2017 to September 26, 2017, the Plaintiff supplied D Co., Ltd. (hereinafter “D”) with ready-mixed for a long period of time due to delay in the amount equivalent to the price of the goods, and thus, the Plaintiff could no longer supply D Co., Ltd. under the Plaintiff’s

Accordingly, D and the Defendant agreed to supply ready-mixeds to the Plaintiff by means of supplying the tax invoice to the Defendant and issuing the tax invoice, and the Plaintiff supplied ready-mixeds to the Defendant from October 10 to November 7, 2017 and issued the tax invoice under the name of the Defendant.

Therefore, the defendant, as a contracting party, is obligated to pay to the plaintiff 35,452,120 won for the price of the goods and damages for delay, and is not for domestic affairs.

Even if the defendant knew that a tax invoice is issued in the name of the defendant and received the notification from the plaintiff, he/she is obligated to pay the price of the goods.

B. The Defendant’s assertion that: (a) there was no supply of ready-mixed from the Plaintiff from October 10, 2017 to November 7, 2017; and (b) the supply of ready-mixed between the Plaintiff and the Plaintiff was made between the Plaintiff and the goods; and (c) if there were accounts payable out of the price of the goods, it is only the obligation to pay D and the Defendant is not liable.

2. Facts of recognition and judgment

A. Facts of recognition 1) The Plaintiff entered the business partner into the president of each business partner of the Plaintiff as the Defendant, and the sum of 35,452,120 won from October 10, 2017 to November 7, 2017 (hereinafter “instant ready-mixed”).

2) On October 31, 2017, the Plaintiff issued respectively electronic tax invoices consisting of KRW 18,632,020, and KRW 4,239,400 as of October 31, 2017, and electronic tax invoices consisting of KRW 12,580,70 as of November 30, 2017.

3) The Defendant filed a value-added tax return on each of the above tax invoices without any objection.