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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs are individual entrepreneurs who are engaged in the business of manufacturing Aluminium-type materials after completing business registration with the trade name of “D,” and the Defendant was registered with the “E” business entity engaged in the business of manufacturing Aluminium-type materials
B. The Plaintiff supplied goods to E from November 30, 2012 to February 29, 2016. The amount of goods unpaid as of February 29, 2016 is KRW 45,208,963, and the amount of goods unpaid as of July 15, 2016 thereafter is KRW 40,208,963.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiffs asserted that the defendant is obligated to pay the price of the goods as business operator of E, and that as long as he lends the name of business operator to F at least, he is obligated to pay the price of the goods as business operator, and that he did not know the transfer of all claims and obligations of E to G.
The defendant asserts that the actual transaction with the plaintiffs is F. The defendant is merely F. The defendant's lending of E's business name at F's request, the defendant also knows such circumstances, and since the company is the company G, all bonds and debts are succeeded to, the defendant does not have any obligation to pay the price of the goods.
B. 1) As seen earlier, although the Defendant was registered as a business entity E, the Plaintiffs stated that the Defendant, the nominal owner, was the first day for pleading of the instant case, while recognizing that the Defendant was actually operating E, the Defendant, who was the nominal owner. As the other party who entered into a goods supply contract with the Plaintiffs, is not the Defendant but F, the Plaintiff’s assertion premiseding that the Defendant is a contracting party is without merit. 2) Next, the Defendant’s person who allowed another person to engage in the business using his name or trade name as to the Defendant’s liability for the nominal owner, and the person who allowed another person to engage in the business using his name or trade name.