물품대금
The plaintiff's appeal against the defendant is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff supplied agricultural products, etc. to the Defendant and the co-defendant C and D’s “E” businesses operated by the Defendant, and the co-defendant C and D operated as the real representative, and leased the name of the Defendant. The Defendant permitted co-defendant C and D of the first instance trial to register himself as the representative on the registration certificate of “E”. As such, the Defendant is jointly and severally liable to pay the Plaintiff the remaining goods price of KRW 1,629,250 as indicated in the attached Table as the name borrower C and D as the name borrower, jointly and severally with the Plaintiff. (2) The Defendant’s co-defendant of the first instance trial on the Defendant’s assertion that he operated the marina and lent his name to the Defendant for business registration on March 14, 2018 is not liable to the Defendant.
In addition, the plaintiff had already been aware of the fact that the defendant was named, and the defendant did not have engaged in the business or did not have participated in the operation of the business and did not have received the plaintiff's demand for the payment of the price, and there was gross negligence between the plaintiff and the plaintiff as to whether he could have trusted the defendant's credit, name, etc.
Therefore, the plaintiff cannot respond to the request.
B. Article 24 of the Commercial Act provides that “A person who permits another person to engage in a business by using his/her name or trade name shall be jointly and severally liable with the third person who trades his/her own name or trade name and shall be liable for repayment to the third person.”
As such, the liability of the nominal lender under Article 24 of the Commercial Act is to protect the third party who trades by misunderstanding the nominal owner as the business owner. Therefore, if the other party to the transaction knew of, or was grossly negligent in, the fact of the nominal name, the other party to the transaction is not liable.