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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
purport.
Reasons
Basic Facts
The plaintiff is a juristic person established for the business purpose of manufacturing and selling ready-mixeds, and the defendant is a person who has registered his/her business with the name of "B", "B", and the commencement date of his/her business as "B", "type of business (types)" as "Building Corporation and Indoor Funeral Business" (Evidence 3 of A), and the defendant's husband C is a person who actually operates "B" in the name of the chairperson of "B".
(A) From September 3, 2013 to September 2, 2014, the Plaintiff supplied ready-mixeds equivalent to KRW 49,308,60 (hereinafter “instant ready-mixeds”) to the construction site in which “B” had been constructed from September 3, 2013 to September 2, 2014. Of them, KRW 34,375,000 was paid from the Defendant’s side, and the amount of unpaid ready-mixeds is KRW 14,93,600.
(A) Evidence Nos. 1-1, 2, and 2-1 through 5 of Evidence Nos. 1-2, 1-2, and 2-1, 2-2, and 3-5 of Evidence Nos. 1-1, 1-2, and 3-5 of Evidence Nos. 2, and the Plaintiff’s assertion of the parties concerned through the actual operator C of the court of first instance that “B” provided the instant ready-mixed to the construction sites performed by “B,” and the Defendant is the nominal lender who permitted C to conduct business using his name and trade name.
Therefore, pursuant to Article 24 of the Commercial Act, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 14,933,600 (hereinafter “paid amount”).
Defendant’s assertion ordering the Plaintiff to use the instant ready-mixed and supplied it from the Plaintiff is not Defendant or C, but Defendant and C were issued a tax invoice for “B” with respect to the instant ready-mixed at the request of D, a bad credit holder, and the Plaintiff did not know at the time.
The plaintiff's assertion is without merit.
Judgment
A Evidence 1-1, 2, 2-1 through 4, 3-5, 5-2, and 5-2, and witness of the first instance court.