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1. The Defendant: (a) KRW 45,307,343 as well as the Plaintiff’s KRW 6% per annum from May 2, 2018 to October 1, 2018; and (b) October 2, 2018.
Reasons
In addition to the written evidence Nos. 1 through 13 and witness C’s partial testimony, the Plaintiff entered into a continuous goods supply contract with the Defendant, which engages in wholesale and retail business with the trade name “E” in Young-gu, Young-gu, Young-si, Chungcheongnam-si, and concluded a continuous goods supply contract and the Plaintiff supplied timber equivalent to KRW 65,307,343 from April 2, 2018 to May 1, 2018.
Even if not, according to each of the above evidence, the defendant permitted the plaintiff to be supplied with timber by using the trade name "E", his father, and the plaintiff considers "E" as a party to the transaction, and can recognize the fact that he supplied timber to the scene or E at the workplace or at the E business place directed by C.
Meanwhile, the Plaintiff voluntarily recognized the fact that the Plaintiff received reimbursement of KRW 10 million from the Defendant on April 25, 2018, and KRW 10 million on April 30, 2018.
According to the above facts, the Defendant, as a contracting party or the nominal lender under Article 24 of the Commercial Act, is obligated to pay to the Plaintiff the amount of KRW 45,307,343 of the price of the goods, as well as damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from May 2, 2018 to October 1, 2018, which is the date of delivery of a copy of the complaint of this case, from October 2, 2018, the date of delivery of a copy of the complaint of this case, 15% per annum from October 2, 2018 to May 31, 2019, and 12% per annum from the next day to the date of full payment.
The plaintiff's claim of this case is justified and accepted.