1.(a)

The part against the plaintiff corresponding to the amount ordered to be paid under the judgment of the first instance shall be revoked.

(b).

1. The Plaintiff, with the trade name of “E”, supplied goods, such as typical and sanitary instrument (hereinafter “instant goods”) to a business entity that runs the wholesale and retail business from July 2012 to June 2013, and was not paid KRW 22,74,150 out of the price.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is the actual business owner who has run the business by lending the name of "C", and the plaintiff is the other party who has supplied others and hygiene instruments. Thus, the defendant is obligated to pay to the plaintiff the unpaid remaining amount of 22,744,150 won and damages for delay.

B. The Defendant’s assertion 1) C’s business operator, who is the other party to the Plaintiff’s transaction, is D or F, and the Defendant merely received incentives from them, and thus, cannot respond to the Plaintiff’s claim. 2) Even if the Defendant is the other party to the Plaintiff’s transaction, the Defendant’s claim for remainder of the goods of this case ought to be subject to the extinctive prescription of three years with respect to the Plaintiff’s claim for construction, and the Plaintiff’s lawsuit was filed on August 12, 2015, which occurred prior to August 12, 2012 out of the remainder of the goods claimed by the Plaintiff.

3. Even if not, the defendant is exempted from liability to the plaintiff according to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act because he is granted immunity.

3. Determination

A. The fact that the Plaintiff supplied the instant goods to “C” as seen earlier, and according to the evidence No. 1, it is recognized that the nominal owner of “C”’s business registration certificate was D, not the Defendant.

However, the following circumstances, i.e., the business entity of “C”, which is registered as the business entity of “C”, comprehensively takes account of the respective descriptions and arguments of Nos. 2, 4, and 12-3 and 13 of evidence Nos. 1, 12-3.