물품대금
All appeals by the defendants are dismissed.
The costs of appeal shall be borne by the Defendants.
The purport of the claim and the appeal.
The first instance court dismissed the plaintiff's primary claim against the defendant B and partly accepted the plaintiff's conjunctive claim against the defendant B and the plaintiff's conjunctive claim against the defendant C. This court's trial scope is limited to the conjunctive claim against the defendant B and the claim against the defendant C.
2. Facts of recognition;
A. The Plaintiff is a person who is engaged in Cheongju and Do retail business with the trade name of "E" in the Gwangju Northern-gu D market.
B. Defendant B is running a wholesale and retail business in the above D market with the trade name of “F”, and Defendant C, as Defendant B’s children, placed a signboard called “F” at the above D market neighboring business establishment (hereinafter “instant business establishment”) and run an agricultural products wholesale and retail business.
(c)
The Plaintiff supplied agricultural products to Defendant C at the request of Defendant C from May 2015 to August 2016, and the amount of goods unpaid as of September 29, 2017, which is the last day of the payment of goods, is KRW 54,682,40.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including various numbers if there are several numbers) and the purport of the whole pleadings
3. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) Defendant C, as a party to an agricultural product supply contract, is obligated to pay KRW 52,682,400 of the amount of the goods unpaid to the Plaintiff as well as damages for delay.
2) Defendant B allowed Defendant C to use his trade name in his business place, and the Plaintiff traded with Defendant C by misunderstanding the Defendant B as the business owner. As such, Defendant B is liable for the nominal lender under Article 24 of the Commercial Act.
Therefore, Defendant B is jointly and severally liable with Defendant C to pay the Plaintiff the amount of KRW 52,682,400 out of the amount of the goods unpaid and the amount of damages incurred therefrom.
B. In full view of the determination of the claim against Defendant C, the above recognition, and the purport of the whole theory of the change, Defendant C entered into an agricultural products supply contract.