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

Purport of claim and appeal

1...

A. The Defendant is the holder of the business registration certificate of “E”, which is a simple main store located in Dongdaemun-gu Seoul Metropolitan Government D, and the Defendant’s words the co-defendant C (hereinafter “C”) of the first instance court (hereinafter “C”) actually operated the said main store.

B. From 2010 to 2010, F, the Plaintiff’s mother, worked as a kitchen food cook at the above main station operated by C.

C. The Plaintiff lent money to C over three occasions as indicated below, and at the time the loan was transferred to the passbook in the name of the Defendant.

The loan interest rate of 5% per annum of 10,000,000 on September 15, 2011 for the term of repayment of the lending date shall be 5% per annum on March 15, 2012 (after six months) and 13,000,000 on June 13, 2012 (after three months) 3, 2012 on September 13, 2012, 200, above 43,000,000 won on June 28, 2012 (after three months), plus 43,00,000,000 won on July 28, 2012 (after one month).

D. C paid 3 million won out of the principal and interest of the above loan.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers in case of additional number), G witnesses of the first instance trial, and the purport of the whole testimony and pleading of the first instance trial witness F

2. Determination on the cause of the claim

A. The plaintiff's assertion is that the defendant is liable for the nominal name holder under the Commercial Act since he lent his name to the main points operated by C.

In addition, C, even though it is a person with bad credit standing, deceivings the plaintiff as if he was the person with good credit and self-sufficient business operator, thereby deceiving the plaintiff from the plaintiff, and thus, the defendant bears the responsibility for the employer.

Therefore, the defendant is obligated to pay the principal and interest of the loan to the plaintiff.

B. Determination 1 on whether the Defendant is liable for the nominal lender is liable for the business transaction of the nominal borrower. However, it is not sufficient to recognize that C borrowed money from the Plaintiff to use the money as the operating fund of the main store only with the entries of the certificate No. 6 and No. 7, and the testimony of the first instance witness G and the witness F of the trial of the court of first instance.