매매대금
1. The part of the judgment of the court of first instance against the defendant limited liability company B concerning the conjunctive claim is revoked, and the plaintiff is the defendant.
1. The reasons for this court’s recognition are the same as the reasons for the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the part of the Defendant Company
A. In a case where the court of first instance has dismissed the plaintiff's main claim and rendered a judgment citing only the conjunctive claim at the end of the joint trial of the plaintiff's main claim and the conjunctive claim and only the defendant appealed from the judgment citing only the conjunctive claim, the effect of the appeal shall naturally be included in the entire case, and the part concerning the main claim shall also be transferred to the appellate court. However, the scope of the appellate court's trial is limited to the scope of the defendant's objection, regardless of which the scope of the appellate court's trial is limited to the scope of the defendant's objection, and the main claim
(See Supreme Court Decision 94Da31624 delivered on February 10, 1995, etc.). As to the judgment of the first instance that dismissed the Plaintiff’s primary claim against the Defendant Company and accepted only the conjunctive claim, it is apparent in the record that only the Defendant Company filed an appeal and the Plaintiff did not file an appeal or incidental appeal. Thus, only the conjunctive claim except the primary claim against the Defendant Company is subject to the judgment of this court.
B. The plaintiff's preliminary assertion that the defendant company permitted D to run his business using his name, and D did not pay KRW 34,879,840 out of the price of ready-mixed as stipulated in the contract of this case entered into in the name of the defendant company.
Therefore, according to the legal principle of liability of the nominal lender under Article 24 of the Commercial Act, the Defendant Company is liable to pay the Plaintiff the amount of the unpaid ready-mixed and the damages for delay calculated at the rate of 15% per annum from the day after the original copy of the instant payment order is served to the day of full payment.
C. The responsibility of the nominal lender under Article 24 of the Commercial Act to determine the conjunctive assertion.