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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 corporation that manufactures and sells ready-mixeds and asphalts, etc. with the trade name of “A” corporation.
The defendant is an individual entrepreneur who engages in wholesale and retail business of construction materials, such as a third party, lighting, etc., with the trade name of "C".
The non-party D was registered as an individual entrepreneur in the past with the trade name of "E" and is currently in the discontinuance of business.
B. On March 2017, D received a supply of new construction of the instant house from Nonparty F, who was in need of Nonparty F, and the Defendant was awarded a subcontract for part of the new construction of the instant house from D.
C. D, which did not have registered business, requested the Defendant to lend the business name to the Plaintiff, and presented the Defendant’s business registration certificate to the Plaintiff, and entered into a contract for the supply of ready-mixed with the Plaintiff (hereinafter “instant supply contract”). From March 22, 2017, the same year from the Plaintiff.
5. By 29.29. He was supplied with ready-mixeds equivalent to 11,778,000 won, and the tax invoice under the instant supply contract was also issued in the name of the defendant.
D I promise to confirm and deposit the balance of 5,228,00 won among the balance of ready-mixeds constructed at the G G site of D C, and promise to deposit 2,00,000 won during April and to pay in full by May 30.
I confirmed the above contents D.
D March 20, 2018
D repaid 6,550,000 of the above ready-mixed price, and the remaining amount of 5,228,000 won was not paid.
D On March 20, 2018, the Plaintiff drafted a note of payment that the Plaintiff would pay the remainder of the goods by April 2018, and by May 30, 2018, that the Plaintiff would pay the remainder of the goods. The letter of payment states that the Defendant would promise to pay the remainder of the goods at the construction site “C” used by the Defendant.
[Reasons for Recognition]