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

Purport of claim and appeal

1...

A. From September 20, 2016 to December 31, 2016, Plaintiff: (a) produced and supplied goods, such as Switzerland, grain, etc. to the Defendant; (b) the Plaintiff created a total of KRW 15,430,580 (including value-added tax) claim; and (c) on October 29, 2016, the Defendant repaid the Plaintiff KRW 5,000,000, which is a part of the said goods claim.

Therefore, as a trading party to whom the goods are supplied by the Plaintiff, the Defendant is obligated to pay the remainder of KRW 10,430,580 (=15,430,580 - 5,000,000).

Even if the defendant lent the name to C, the plaintiff was unaware of the name 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 the transaction that received goods from the Plaintiff are not the Defendant but C, 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 make transactions by mistake as the owner of the business.