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1. The Defendant: (a) KRW 20,101,644, as well as KRW 6% per annum from December 21, 2014 to December 29, 2015; and (b) the Plaintiff.
Reasons
1. The Plaintiff’s assertion is that from August 201, 2011 to December 20, 2014, the Plaintiff sold the goods for kitchen to the Defendant, and the price of KRW 20,101,644 remains.
(State claim). Even if not,
Even if the defendant is liable to pay the price of the goods to the plaintiff as the nominal lender pursuant to Article 24 of the Commercial Act.
(Preliminary Claim) 2. Determination
A. First of all, with respect to the Plaintiff’s primary claim, it is insufficient to recognize the Plaintiff’s primary claim only by the descriptions of the evidence Nos. 1 and 3, which seem consistent with the facts of the assertion. Rather, in light of the absence of dispute between the parties or the overall purport of the entry of the evidence Nos. 1 and the witness C’s testimony and pleading, the Plaintiff is deemed to have sold the above goods to D, and therefore, the Plaintiff
B. Next, comprehensively taking account of the Plaintiff’s assertion of liability for the nominal name holder, there is no dispute between the parties, or the written evidence Nos. 1, 3, and 1, and the overall purport of testimony and pleading by the witness C from August 201 to December 20, 2014, the Plaintiff sold bank supplies to D with the purchase price of the goods. There is 20,101,644 won of the goods. Meanwhile, C, upon obtaining permission from the Defendant, who is a woman, made the business registration of “E” with the Defendant’s name, made the business registration of “E” with the Defendant’s name. C, upon receiving a request from D with the knowledge of ordinary trade relationship, allowed the Plaintiff to trade the goods of this case using the business registration number in the name of the Defendant and to transfer the goods of this case to the Plaintiff through the account in the Defendant’s name, D received the order from the Defendant and the Plaintiff as an “E company” to the “E company’s new goods transfer to the Plaintiff.