1. Defendant D’s KRW 103,733,740 as well as 6% per annum from April 2, 2017 to August 28, 2019.

1. Summary of the parties' arguments

A. The Defendants are joint business operators, and they concluded a sales agency contract with the Plaintiff under the name of Defendant C and operated the sales agency after being supplied with goods by the Plaintiff. Therefore, they are jointly and severally liable to pay the price of goods to the Plaintiff.

B. The Defendants are not joint business operators.

Defendant D was unable to enter into a sales agency contract with the Plaintiff because it was not owned by the Plaintiff, and was supplied with goods from the Plaintiff and operated the sales agency by borrowing the name of Defendant C, one of his own care, and the Plaintiff’s employee was well aware.

Therefore, Defendant C has no obligation to pay the price of goods.

2. Basic facts

A. On January 2015, Defendant D heard the answer that: (a) a person who has worked as a cosmetics business employee, was not qualified due to the Plaintiff’s submission of a written support for the establishment of a gas room agency, but did not own real estate, etc.

B. Around March 1, 2015, Defendant D entered into a sales agency contract with the Plaintiff under the name of Defendant C, one of his own care possessing real estate.

At this time, the person who signed the name of the defendant C in the "Agreement on the Transactions between the Plaintiff and the Plaintiff (branch office)" was the defendant D.

C. After being supplied with goods from the Plaintiff, Defendant D operated the Songcheon Agency.

On April 1, 2017, the Plaintiff terminated the contract with the above Songcheon Agency. The goods supplied to the above Songcheon Agency up to that time were total of KRW 387,237,380, and the recovered goods amounted to KRW 283,503,640.

E. The Plaintiff was not paid 103,733,740 won for the remainder of the goods. Around January 25, 2018, the Plaintiff prepared a plan and a written confirmation for the repayment of debt under the name of the Defendant C with respect to the amount of the goods unpaid. In this case, the Plaintiff signed the name of the Defendant C was also Defendant D.