1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a person registered as a business operator in order to distribute e-mail, etc. under the trade name of “B,” and the Defendant is a corporation that develops, manufactures, or sells functional films, raw materials, and equipment.

B. The Plaintiff entered into a contract with the Defendant to supply goods related to liquid information films, and the price for goods supplied to the Defendant on October 8, 2013 and October 18, 2013 is KRW 193,130,080 in total.

C. As above, the Plaintiff again supplied the same goods to the Defendant on or around December 2013, and the Plaintiff supplied the same goods on or around February 2014.

The Plaintiff filed a claim with the Defendant for KRW 177,582,605 equivalent to 70% of the price of the pertinent goods, and received respectively the payment of KRW 30 million as the name of repayment of the instant goods on April 4, 2014 and June 9, 2014, and KRW 50 million on July 4, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination as to the cause of action

A. In light of the following circumstances, namely, ① C and D attempted to enter into the instant goods supply contract using the Plaintiff’s business registration certificate; ② the Plaintiff and the Defendant appears to have agreed to enter into the instant goods supply contract using the Plaintiff’s business registration certificate; ② the Plaintiff issued an electronic tax invoice in the Plaintiff’s name; ③ the Defendant also paid the price for the goods to the Plaintiff’s account; ③ the Plaintiff, other than the Plaintiff, did not claim for the Defendant’s claim for the payment under the instant goods supply contract, it is reasonable to have entered into the instant goods supply contract on behalf of the Plaintiff.

Therefore, the party to the instant goods supply contract is the Plaintiff.

B. The above facts of recognition are examined.