매매대금 등
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 parties' assertion
A. Although the Plaintiff entered into a sales contract with Plaintiff D to be supplied with a vessel engine for maritime use, the Plaintiff was supplied with a land engine. Therefore, the Defendant is obligated to pay KRW 20,000,000 as the operator or the nominal lender of D’s purchase price paid by the Plaintiff due to the cancellation of the said sales contract.
B. The Defendant merely lent the name to C as the business registration titleholder of the Defendant D, and the sales contract alleged by the Plaintiff is not a contract between the Plaintiff and D, but a sales contract between E and C. Even if the instant sales contract was concluded between the Plaintiff and D, the Plaintiff was aware of C as the business owner of D, and did not trade the Defendant as the business owner of D. Therefore, the Plaintiff’s above assertion is without merit.
2. Determination
A. The following facts or circumstances can be acknowledged in full view of the results of the first instance court’s inquiry into the Korea Ship Safety Technology Corporation of the first instance court’s branch, as a result of Gap’s confirmation (1) as the party to the sales contract of this case’s statement Nos. 1, 3, 4, and 6, testimony of witness F of this court, and the order of submission of documents in the first instance court’s order of submission of the documents.
(A) The Plaintiff was requested by I to repair a ship in the trade name “H” from Mapo-si.
(B) The Plaintiff was introduced from J “D” to purchase maritime vessel engines to be used for vessel repair as requested by I.D.
Accordingly, around November 2015, the Plaintiff agreed to purchase D’s marine engine and D’s marine engine in KRW 20,000,000 (hereinafter “instant sales contract”), and the purchase price was to be paid directly to I for the convenience of payment.
Accordingly, I paid 20,000,000 won to C on November 18, 2015.
(C) The engine supplied by the Plaintiff under the instant sales contract is not a maritime engine but a land engine.