물품대금반환
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. From March 1, 2017 to March 21, 2017, the Plaintiff asserted that KRW 26,257,000 (including value-added tax) occurred as a sum of the claims for the purchase of goods was supplied to the Defendant, including Washington, and the Plaintiff paid KRW 5,00,000, which is a part of the above claim for the purchase of goods, to the Plaintiff around March 2017.
Therefore, as a trading party to whom the goods are supplied by the Plaintiff, the Defendant is obligated to pay the remainder of KRW 21,257,000 (=26,257,000 - 5,000,000).
Even if the defendant lent his name to C or D, the plaintiff was unaware of the name name of the defendant, so the defendant is liable for the above price of the goods under Article 24 of the Commercial Act.
B. The parties to a transaction to which goods are supplied by the Plaintiff’s assertion are not C or D, but C or D, and the Plaintiff was grossly negligent in having known or discovered the name lending of the Defendant.
Therefore, the defendant is not obligated to pay the above price of goods.
2. Determination
A. As to who is an actor or title holder, in cases where an actor who executes a contract was engaged in a juristic act in the name of another person, the contracting party shall first determine the offender or title holder as the party to the contract in accordance with the consent of the actor, if the actor and the other party agree with each other. If the intent of the actor and the other party are inconsistent, then if the other party does not coincide with each other, the contracting party shall determine, in accordance with what way the actor and title holder understand as the party to the contract, in accordance with the specific circumstances before
B. (See, e.g., Supreme Court Decision 2003Da44059, Dec. 12, 2003)
A person who has allowed another person to run a business using his name or trade name shall be liable to make a transaction by misunderstanding of himself as the proprietor of the business.