1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4 and Eul evidence No. 1.

The plaintiff is a manufacturer of ready-mixed, and the defendant is engaged in the business of performing interior works, etc. under the trade name of "C".

B. On or around August 30, 2014, the Plaintiff entered into a contract for the supply of ready-mixed with the supplier as “Defendant” (hereinafter “instant ready-mixed supply contract”). From August 30, 2014 to October 28, 2014, the Plaintiff supplied ready-mixed amounting to KRW 30,674,80 in total at the site of the construction of commercial buildings located in the EF (hereinafter “E”) ordered by “E” (hereinafter “instant construction”). However, the Plaintiff was paid only KRW 15,932,520 out of the price of the said ready-mixed, and was not paid the remainder of KRW 14,742,280 (hereinafter “the instant ready-mixed”).

2. Summary of the parties' arguments;

A. The Plaintiff entered into the instant ready-mixed supply contract with the Defendant’s employee D, and supplied ready-mixed at the construction site of the instant construction site executed by the Defendant. As such, the Defendant is obligated to pay the instant ready-mixed price to the Plaintiff.

Even if the Defendant did not conclude the instant ready-mixed supply contract, the instant construction contract was concluded under the Defendant’s name, and the instant construction cost was deposited in the deposit account in the Defendant’s name. Therefore, the Defendant is obligated to pay the instant ready-mixed price required for the instant construction.

B. The Defendant Corporation executed the instant construction works in the name of the Defendant by stealing the Defendant’s business registration certificate by using the Defendant’s business registration certificate, and the Defendant was not involved in the execution of the instant construction works or the conclusion of the instant ready-mixed supply contract incidental thereto. Therefore, the Defendant is not obliged to pay the Plaintiff the price of the instant ready-mixed.

3. Determination

A. The instant ready-mixed.