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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Chief;
A. The Plaintiff’s assertion 1) On September 2016, 2016, the Plaintiff is a verbal agreement between the Defendant and the Plaintiff to supply and install a kitchen and a place of receipt in the building recorded in the attached list with the Defendant (hereinafter “instant commodity supply agreement”).
(2) On October 31, 2016, the Plaintiff issued electronic tax invoices of KRW 173,195,000, tax amount of KRW 17,319,500, total of KRW 190,514,500, in accordance with the instant goods supply contract.
On January 13, 2017, an electronic tax invoice of KRW 7,200,000, tax amount of KRW 720,000, total of KRW 7,920,000 was issued.
3) However, on December 22, 2016, the Plaintiff received only 150,00,000 won out of the supply price of the instant goods from the Defendant, and did not receive the remainder of KRW 48,434,500 ( KRW 190,514,500, KRW 7,920,00-150,000). Accordingly, the Defendant is obligated to pay to the Plaintiff 48,434,500 and KRW 40,514,50 among them from December 23, 2016, which was issued a tax invoice for KRW 7,920,00,000, from January 14, 2017 to the delivery date of a copy of each of the instant complaint, and from the next day to the day of complete payment, 6% per annum of the annual amount of KRW 15% as stipulated in the Special Act on Litigation Promotion, etc.
5) As alleged by the Defendant, even if the party who entered into the instant goods supply contract as alleged by Nonparty D, the Defendant permitted D to engage in the business using his name or trade name (E), and thus, is liable to pay the money stated in the purport of the claim in accordance with Article 24 of the Commercial Act (Liability of the nominal lender).
B. The plaintiff alleged by the defendant is not obligated to pay the price of the goods of this case, since the defendant knew that he had lent the name to D, or was grossly negligent in gathering the name lending.
2. Determination:
A. The plaintiff and the defendant.