beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts below the basic facts are either in dispute between the parties or in full view of the statements in Gap evidence 1 to 6 and the fact inquiry results in the truth inquiry with respect to the Jinju market in this Court.
A. The Plaintiff is engaged in wholesale and retail business, such as meat, in the name of “C” in Kimhae-si.
Since October 17, 2008, D, the Defendant’s external village, operated a general restaurant in the name of “F” from Jinju-si.
B. The Plaintiff supplied meat, etc. to the above F, which was supplied until August 3, 2010, and the price for the goods not paid was KRW 23,974,095.
On September 7, 2010, the Plaintiff was issued a payment order to the obligor D with Changwon District Court Decision 2010Da2860, Changhae District Court Decision 2010Da2860, and the above payment order became final and conclusive around that time.
C. On January 11, 2011, F changed the name of the business owner to D from January 11, 201, and the Plaintiff continued to supply the land to F.
Until July 18, 2013, the Plaintiff supplied F with meat, etc. to F was 32,058,635 won in total.
2. The plaintiff asserts that F entered into a contract for goods supply transaction with the defendant, who operates F, and supplied the goods to the defendant.
According to the evidence mentioned above and the statement in Gap evidence No. 7, it is recognized that the F's name was the defendant from January 11, 201 to the business operator's name, and that the recipient of the tax invoice was the defendant, and that the approval of the purchase price was made with a credit card in the name of the defendant or remitted from the deposit account in the name of the defendant to the plaintiff's deposit account.
However, considering the witness witness D’s testimony as seen earlier, D was no longer able to run F in its name because it was subject to compulsory execution on restaurant sales claims, etc. on January 201 while operating F as seen earlier, and used F in its name, and D is the name of the Defendant in substance while operating F.