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1. The Defendant’s KRW 31,784,00 for the Plaintiff and KRW 6% per annum from January 26, 2017 to April 13, 2017.
Reasons
1. From October 26, 2015 to September 27, 2016, the Plaintiff continued to supply goods, such as fire-fighting pumps, at the construction site of several fire-fighting facilities where construction was performed by C under the name of the Defendant, and was not paid an amount equivalent to KRW 31,784,00.
[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff supplied goods with the knowledge that C was the defendant's director at the construction site, but did not receive the price.
The defendant is obligated to pay the price of goods to the plaintiff, since it is directly liable to the plaintiff or is liable to the nominal lender under the Commercial Act.
B. The defendant did not lend the name of the defendant to the defendant C, but only concluded a subcontract with D (C) as to the contract under the name of the defendant.
The plaintiff is not a direct contract with the defendant, and it is not a contract with the defendant, but the defendant has not lent the name to C, so it is not liable for the nominal lender.
In addition, the Plaintiff was partly paid for the unpaid goods by C.
3. Determination
A. In light of the purport of the entire arguments in each of the items of Gap evidence Nos. 5, 8, 12, 13, Eul evidence Nos. 4, and 6-1 through 6, the defendant permitted Eul to enter into a construction contract under the name of the defendant, and received part of the construction cost that Eul and Eul received after the execution of the construction contract under the name of the defendant, and it can be recognized that Eul entered into a construction contract under the defendant's name even at the construction site where the plaintiff supplied fire-fighting goods, and even at the construction site where the plaintiff supplied the fire-fighting goods, and all of the tax invoices, the amount of the construction cost, and the payment of materials are carried out under the defendant's name. According to the above facts,
As such, the Plaintiff shall be unpaid pursuant to Article 24 of the Commercial Act.