1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 8, 2015, the Plaintiff entered into a contract with the Defendant and B, the Defendant’s spouse, for the maintenance of the tunnel, factory expenses and for the supply of parts (hereinafter “instant contract”). The said contract is indicated as the representative of the individual company between the Defendant and B.

B. On February 12, 2016, B prepared and delivered a written statement of performance to the Plaintiff stating that “D, the representative of the Defendant, has the obligation of KRW 57,948,451, and B, in eight installments, repaid by August 30, 2016.” On November 30, 2016, B made and delivered to the Plaintiff a written statement of performance that “E has the obligation of KRW 57,00,000,000 to the Plaintiff as the representative of E Co., Ltd. (hereinafter “E”), and that “E will make payment six times by March 15, 2017.”

C. On January 31, 2017, the Plaintiff sent a certificate of content to request the payment of a total of KRW 47,282,401 as of January 31, 2017 to C and E (hereinafter “E”) as an addressee. The Plaintiff attached the certificate of content to adjust the details of the outstanding amount as of February 12, 2016. According to the table above, the outstanding amount as of February 12, 2016 is as follows: (i) Defendant (D) KRW 57,946,451; (ii) KRW B (C) KRW 33,217,630; (iii) KRW 91,164,081; and (iii) KRW 91,164,081; and (iv) KRW 27,38,461; and (iii) KRW 1) KRW 238,461; and (iv) KRW 194,298; and

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion was that the Defendant did not pay KRW 47,282,401 as the price for the goods under the instant contract, and thus, the Plaintiff is obligated to pay the price for the goods and the damages for delay.

B. According to the above facts of determination, the Plaintiff entered into the instant contract with the Defendant operating the “C” of the personal business chain, and entered into a similar goods supply contract with the E, the representative of which is the Plaintiff. On February 12, 2016, the Defendant’s outstanding amount as of February 12, 2016 is 57,946.