beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The defendant's judgment on this safety defense is the debtor of the price of the goods in this case, so the plaintiff's lawsuit in this case should be dismissed as an illegal lawsuit against a person who is not a party to the lawsuit. However, in the lawsuit for performance, the plaintiff's claim itself is the plaintiff's claim and the plaintiff's claim for performance does not require the person who is the party to the lawsuit or the person who is the party to the lawsuit. The plaintiff is the plaintiff and the person who asserts the right to demand performance, and the person who
Therefore, the defendant's defense is without merit (see Supreme Court Decision 94Da14797 delivered on June 14, 1994).
2. Judgment on the merits
A. In light of the fact that the Plaintiff, upon commencing the transaction with the Plaintiff, provided that the Defendant provided his resident registration number to the Plaintiff and recorded the Defendant’s resident registration number in the transaction account book, and that the Defendant took several lawsuits under his personal name, and the Defendant signed to approve the remaining debts at the bottom of the transaction account book with the Plaintiff’s office around October 20, 201, etc., the Plaintiff was not a juristic person, such as the Dae-won, but the Plaintiff was jointly and severally liable for the transaction with the Defendant, or at least the Defendant was jointly and severally liable for the transaction with the legal person. Thus, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 44,723,810
B. The Plaintiff’s claim for judgment is premised on the premise that the Plaintiff and the Defendant individual traded goods, or that the Defendant individual jointly and severally bears the corporate obligation. Accordingly, according to each of the evidence Nos. 1 through 5, it is acknowledged that the Defendant’s resident registration number is indicated in the transaction account book (Evidence No. 1), and that the Defendant’s sealing is indicated in the lower part of the transaction account book, and that the Defendant was the Plaintiff’s personal name and the Defendant’s filing of a lawsuit.
(b).