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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. Basic facts
A. The Plaintiff is a company established for the purpose of manufacturing, installing, and selling cranes, transportation loading and unloading machinery, and the Defendant is an individual entrepreneur who operates a trade name C.
B. The Plaintiff’s balance of credit sales for C from May 21, 2015 to February 14, 2017, is KRW 4,522,704.
C. A tax invoice related to the above sales was issued with the Plaintiff’s supplier or the Defendant’s recipient.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) concluded a contract with the Defendant for the supply of goods, and supplied many other items from May 21, 2015 to February 14, 2017. The Plaintiff did not receive KRW 4,522,704 as of February 14, 2017 upon the termination of the contract for the supply of goods. Therefore, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 4,522,704 and the delay damages therefor, even if the Defendant is not a party to the contract for the supply of goods. (ii) Even if the Defendant is not a party to the contract, the Plaintiff lent the name of the business owner to D, and thus, the Defendant is jointly and severally liable to pay the price of the goods to D and the Plaintiff pursuant to Article 24 of the Commercial Act.
B. Defendant’s assertion 1) did not have concluded a goods supply contract with the Plaintiff. The Plaintiff entered into a goods supply contract with D and supplied goods to D. 2) The Defendant merely purchased materials upon D’s request, which received the materials for purchase, and did not name D for the business, and the Plaintiff also knew that the Defendant was not a party by making a transaction with D and thus, the Plaintiff’s claim of this case is unreasonable.
3. Determination
A. In light of the Plaintiff’s written estimate attached to the Plaintiff’s evidence No. 1, the evidence submitted by the Plaintiff alone is the other party to a contract for the supply of goods.