대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
As the cause of the instant claim, the Plaintiff’s ground for the instant claim to Nonparty B, the Defendant’s father, from April 4, 2016 to the same year.
8. Until February 11, 200, the Defendant lent a total of KRW 46,037,080 to B, and the Defendant asserts that he is liable for the nominal lender, since he lent a passbook in the name of the Defendant to B as his wife B.
However, Article 24 of the Commercial Act provides that "a person who has allowed 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 has transacted his/her business as an owner of the business, by misunderstanding that the person who has lent his/her name is the owner of the business, shall be jointly and severally liable for the third person who has transacted his/her business, and in order to protect the interests of the other party who has transacted his/her name,
(See Supreme Court Decision 2008Da46555 Decided October 23, 2008). In addition, if the Plaintiff merely lent the money to B to the Defendant’s deposit account in the name of the Defendant, his/her father, as alleged in the Plaintiff’s cause of claim, and the Plaintiff merely remitted the money to B to B, there is no reason to erase the Defendant’s liability on the ground of trust relationship.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.