1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Defendant traded goods with B Co., Ltd. (hereinafter “B”) holding office as an internal director, and the Plaintiff closed the business around September 2013.

The Plaintiff believed that the Defendant continues to conduct a business by continuously requesting the supply of goods, and supplied goods worth a total of KRW 90 million to the Defendant until November 2013. Upon the Defendant’s request, the Plaintiff issued a tax invoice under the name of C Co., Ltd. (hereinafter “C”), but the Defendant did not pay the remainder of the price of goods up to 48,491,80 won.

Therefore, since the other party to the transaction of goods is the defendant, the defendant is obligated to pay the plaintiff the above amount of 48,491,800 won and damages for delay pursuant to Article 24 of the Commercial Act, and even if not, the defendant ordered the execution of the business by C, and thus, the defendant is jointly and severally liable for the above amount of goods payment obligation by C pursuant to Article 401-2 of the Commercial Act

In addition, the defendant continued to trade with the plaintiff in the name of B, closed the trust relationship, concealed the fact, and then closed down C after being supplied with goods in the name of C. This is against the good faith principle, since it is aimed at evading the obligation to pay for the goods from the beginning.

B. According to each of the statements in Gap evidence Nos. 1 through 6, the defendant, as the internal director of Eul, registered the business in the name of Eul and received goods from the plaintiff until August 2012, and reported the closure of business on September 30, 2013. The defendant's wife D, as an internal director, established C on September 9, 2013 and registered the business in the name thereof on November 30, 2013, and was supplied with goods of KRW 94,936,600 from the plaintiff on November 30, 2013, and C reported the closure of business on September 23, 2014.

However, the Plaintiff filed an application for payment order against C with the Suwon District Court for the above price of the goods under the Suwon District Court, 2014 tea2744, and the said court on July 31, 2014, C was 48,491,800 won with the Plaintiff and the said court.