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1. The defendant shall pay 27,413,200 won to the plaintiff and 20% per annum from September 3, 2009 to the day of complete payment.
Reasons
1. From August 2008 to November 29, 2008, the Plaintiff engaged in interior decoration business with the trade name of “D” from Non-Party Construction Co., Ltd., the Plaintiff supplied interior decoration materials, including 54,824,300 won in total, to the wood field of the E remodeling construction subcontracted under the name of “D” (hereinafter “instant construction”), and received KRW 27,41,100 out of the price of the said materials.
[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1 through 30, Gap evidence 3-2, purport of whole pleadings]
2. The assertion and judgment
A. The plaintiff asserts that, since he entered into a human material supply contract with the non-party F, who is delegated with all authority pertaining to the instant construction work by the defendant, he shall pay the remainder of the material price to the plaintiff.
As to this, the defendant himself lent his name to the non-party F, and the plaintiff knew of these circumstances, so the defendant asserts that there is no obligation to pay the material price.
B. Therefore, in full view of the following facts: (a) the Defendant and F agreed that, upon the Defendant’s delegation of authority from the Defendant, F, upon the Defendant’s completion of the construction work and completing the construction work, the Defendant and F, upon the Defendant’s request, set up and deliver a estimate for the instant construction work; (b) had the Defendant’s business registration certificate and seal; and (c) had entered into a subcontract for the instant construction work with the Yong-Public Construction Co., Ltd.; and (d) accordingly, F, upon the Plaintiff’s receipt of materials for the instant construction work, notified the Plaintiff that the instant construction is being undertaken by the Defendant on consignment; and (c) F, upon the Defendant’s request, provided that the construction cost deposited into the Defendant’s account.