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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff had been engaged in retail trade of grain from around 2016 with Nonparty Incorporated D Co., Ltd. (hereinafter “Nonindicted Company”) operated by C, and the outstanding amount that was not received by April 2019 reaches KRW 106,311,800.
B. On February 27, 2018, the Defendant, the denyingr of C, registered the wholesale and retail business of grain with the trade name “E”.
C. Although the Defendant and C were married couple, the agreement was married on March 14, 2018.
On April 26, 2019, the Plaintiff traded with the Defendant until July 2019.
C practically traded with the Plaintiff with the intent of the Defendant.
E. Meanwhile, according to the Customer Director (A2-7) submitted by the Plaintiff, from January 1, 2019 to May 31, 2020, both the Plaintiff and the Defendant stated as KRW 71,857,500 in both the sales and withdrawal and the purchase/payment between the Plaintiff and the Defendant, and the balance between the said monthly income and the final balance is indicated as KRW 106,31,800.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, Eul evidence 2 through 4 (including virtual number), the purport of the whole pleadings
2. The summary of the cause of the Plaintiff’s claim C discontinued the non-party company, and registered its business under the name of the Defendant, the wife, and resumed the transaction with the Plaintiff.
C A. The Plaintiff signed a statement of transaction (A2-1) that was presented by Nonparty Company 106,311,800 won as “the full balance” and the Defendant is liable to pay the outstanding amount to Nonparty Company as the nominal name holder.
3. First of all, we examine the Plaintiff’s claim amounting to KRW 111,723,80 as son’s amount.
According to the statements in Gap 1 and 2-7, the above KRW 111,723,80 includes the outstanding amount of KRW 109,523,800 as of June 24, 2019 plus KRW 2,200,00 as of June 24, 2019, the outstanding amount of KRW 106,311,800, and the remainder of KRW 5,412,00 (=11,723,800 - KRW 106,31,800) is calculated as including all the outstanding amounts of KRW 71,857,500 in transactions between the plaintiff and the defendant from January 1, 2019 to May 31, 2020.
In the end, the Plaintiff.