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(영문) 서울동부지방법원 2020.12.18 2020나20717

채무부존재확인

Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The court's explanation on this part of the facts of recognition

(b) subsection (b).

The following parts between ports are the same as the corresponding part of the judgment of the court of first instance, except for the addition of witness D and L to each part of the grounds for recognition, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act. A-1. B is the plaintiff's business director, who is the actual manager, and K is the B.

K directly ordered a snick in the name of some trade participants among the defendant's trade participants, and designated a place of delivery to the defendant, thereby playing a role of "on-site officer" for some trade participants.

D is a person who has overall control over the defendant's business of selling goods at both places, such as confirming goods and determining the price, and L is an employee of Q&A who vicariously performs the defendant's business of shipping goods at a public water storage place.

Around June 2017, the Defendant had been engaged in a private water market and lack of expertise. Around June 2017, L with extensive experience in the field, the Defendant introduced and arranged the delivery of the delivery to D with L with abundant experience, and played a role in supporting D affairs, such as transporting the public water market upon receiving orders by checking the state of the public water market fishing, along with D.

2. The assertion;

A. On July 14, 2017, L, the representative of the Plaintiff’s Defendant, via K, asked the Plaintiff to “I orders the Defendant to 190 dubed a 190 seal box, and I’s credit limit is exceeded and it is impossible to place an order under his/her name. In three days, it is impossible to pay the payment within three days, thereby lending the Plaintiff’s name.”

Accordingly, the Plaintiff consented to the instant transaction in the Plaintiff’s name.

In other words, the plaintiff did not actually order the defendant to use the private property book or receive the above private property book from the defendant, and the defendant is a party who requested the name lending to the plaintiff, and it is well known that the plaintiff is a mere name holder.