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1. Defendant E shall pay 3,797,900 won to the Plaintiff and 12% per annum from July 5, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in manufacturing and selling ready-mixed, etc., and Defendant C is an individual entrepreneur who engages in wholesale and retail business other than steel products with a trade name “F.”
B. The Plaintiff supplied 84,797,900 won from May 4, 2019 to September 4, 2019 to 84,797,900 won, among which Defendant C was paid KRW 51,00,000, and did not receive the remainder of KRW 33,797,900.
C. The Plaintiff issued a tax invoice for the above ready-mixed supply to Defendant C.
[Ground of recognition] Facts without dispute, Gap 2 and 4 evidence, the purport of the whole pleadings
2. Determination as to the claim against Defendant C
A. The Plaintiff asserts that Defendant C, who operates the “F,” is a party to the ready-mixed supply contract with the Plaintiff. Accordingly, Defendant C did not enter into a ready-mixed supply contract with the Plaintiff or receive any ready-mixed, and Defendant C’s husband knew to be used in the ready-mixed supply contract with Defendant E’s request and did not allow the issuance of a tax invoice and the transfer of the tax invoice, so there was a difference between the business registration certificate and the passbook lending. However, the Plaintiff did not have any delegation to the supply contract for ready-mixed.
B. 1) Determination 1) If the stamp image of the person in whose name the document is affixed is printed out by his seal, barring any special circumstance, the authenticity of the stamp image shall be presumed to be established, i.e., the act of affixing the seal is based on the will of the person in whose name the document is written. Once the authenticity of the stamp image is presumed, the authenticity of the entire document shall be presumed in accordance with Article 329 of the Civil Procedure Act. However, if it is proved that the act of affixing the seal was carried out by a person other than the person in whose name the document is written, the document presenter bears the responsibility to prove that the act of affixing the stamp is based on a legitimate title delegated by the person in whose name the document is written (see, e.g., Supreme Court Decision 94Da41324, Jun