1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The plaintiff is running the scrap metal business with the trade name of "C", and D (hereinafter "D") is a company with the purpose of non-ferrous metal export and import business, etc., and the defendant is the representative director of D.

B. On December 29, 2010, the Plaintiff decided to purchase scrap metal from D, and paid 50 million won prepaid contract amount.

C. As of June 18, 2013, as of June 18, 2013, D entered 35,364,500 won in the settlement amount to be paid to the Plaintiff as of June 18, 2013, and the payment plan (Evidence A2; hereinafter “instant payment plan”) was prepared to pay the settlement amount over six times on the same day. The Defendant stated “(State)DB” at the bottom and signed it.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The plaintiff asserts that since the defendant signed the payment plan of this case on his individual qualification and agreed to pay the settlement amount that D should pay to the plaintiff, the defendant is obligated to pay 32,364,500 won and delay damages payable to the plaintiff.

In regard to this, the defendant asserts that the defendant does not bear the obligation to pay the settlement amount, as stated in the plan of this case as "(State)DB" and signed as the representative director or as it does not have signed in his personal capacity.

3. In light of the following circumstances acknowledged by the Defendant’s signing of the instant payment plan in his personal qualification and the overall purport of the arguments, namely, ① the instant payment plan is natural for D to which the Plaintiff was obligated to pay the settlement payment plan, and ② the Defendant’s signing on his personal qualification, there is no reason to enter the phrase “D” in his personal qualification.