1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35,400,00 and 5% per annum from January 20, 2016 to October 11, 2019.

1. Facts of recognition;

A. Defendant C lent its business registration name and financial account to Defendant C so that Defendant C can engage in the business of water supply and sale, etc. under the trade name of Defendant C’s individual business chain, and Defendant B also took charge of product description, business management, etc. in the foregoing business entity.

B. On August 24, 2015, the Plaintiff entered into a contract for the supply of goods with Defendant C with an Eworkter of KRW 30,000 per unit price of KRW 1,400 per unit price, and remitted total of KRW 35,400,000,000 as part of the price of the said goods to the account under the name of the Defendant B, as part of the price of the said goods.

At the time of the sale of the above goods, Defendant B delivered to the Plaintiff a name named as the Chairman of F Co., Ltd., and Defendant C signed the above goods supply contract by indicating that he is the representative of Defendant B.

C. When Defendant C was unable to supply the said goods to the Plaintiff, on December 11, 2015, Defendant C prepared and delivered a letter of intent to cancel a contract for the supply of goods and to assume civil and criminal responsibilities if the said goods are not supplied by the end of December 2015, but did not supply the said goods.

On January 19, 2016, the Plaintiff revoked the instant contract for the supply of goods to the Defendants, and notified the Defendants to return KRW 35,400,000 for the goods already paid.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of claim, Defendant C is a substantial party to the instant goods supply contract, barring any special circumstance, and Defendant B, jointly and severally, as the nominal lender, jointly and severally liable to the Plaintiff for restitution due to the cancellation of the instant goods supply contract, shall be KRW 35,400,000 paid to the Plaintiff as the price for the goods, and thereafter, shall be subject to the Plaintiff’s claim as from January 20, 2016, as sought by the Plaintiff.