The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. Facts of recognition;

A. The Plaintiff is a corporation whose purpose is to conduct metal structure construction business, etc., and the Defendant is a person who has completed business registration with respect to manufacturing, construction, and wholesale and retail services other than the outer scenic network under the trade name of C (hereinafter “instant company”).

On August 7, 2018, the Defendant was also appointed as the representative director of the “stock company D” established by the Defendant.

B. From December 7, 2016 to July 27, 2017, the Plaintiff supplied goods, such as 27,721,947 won (including value-added tax) of the total value of supply from December 7, 2016 to the Defendant (mutually referred to as “C”), and issued electronic tax invoices. Of which, the Plaintiff supplied goods to the Defendant, 27,131,259 won (hereinafter referred to as “instant goods”) was not paid.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff supplied the goods of this case to the defendant, and the defendant is obligated to pay the price of the goods of this case to the plaintiff.

B. Defendant’s assertion 1) The instant company is the actual operator of E and the parties who concluded a contract for goods supply with the Plaintiff. Since the Defendant was not fully involved in the operation of the instant company, the Defendant is not obligated to pay the instant goods to the Plaintiff. 2) The Plaintiff did not prove the fact that the relevant goods, which form the cause of the instant goods payment, were actually supplied to the Plaintiff.

3) The Defendant did not lend the name to E, and E used the Defendant’s name at will for business registration. 4) Even if the Defendant leased the name to E for the business operation of the instant case, the Plaintiff did not have to know that E borrowed the name from the Defendant and received the instant goods.