beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The Plaintiff, upon the Defendant’s request, operated a gas station in official city C, and the Plaintiff supplied goods, such as transit, to the Defendant several times until May 23, 2014. The Defendant did not pay KRW 10,735,250 out of the price of the goods to the Plaintiff, either there is no dispute between the parties, or based on the purport of the evidence No. 12, No. 12, No. 2, and No. 1, No. 2, and No. 1, and the purport of the entire pleadings.
According to the facts found above, the defendant is obligated to pay to the plaintiff 10,735,250 won for the unpaid goods and the delay damages calculated at the rate of 6% per annum under the Commercial Act from May 23, 2014 to July 8, 2015, the delivery date of a copy of the complaint of this case, and Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, and Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).
2. The defendant's argument as to the defendant's assertion that the party who traded goods between the plaintiff and the plaintiff is not the defendant but D (the former trade name before the change: E; hereinafter "D"), and the plaintiff asserts that the plaintiff traded goods with the defendant without knowing that the company was operated by the defendant.
According to the evidence evidence evidence evidence evidence No. 2, the defendant is recognized as the representative director of D, but the defendant deposited KRW 1,735,250, out of the amount of goods accrued to the plaintiff, in the name of the plaintiff on August 31, 2015. At the time, the name of the depositor was not D. At the time, the defendant was the defendant, and the defendant signed the name of the defendant on the transaction paper (Evidence No. 1-2) kept by the plaintiff each time the goods are supplied by the plaintiff. The defendant is "E" on the above transaction sign.