물품대금
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. Summary of the parties' arguments;
A. The Plaintiff supplied the Defendant with C from May 31, 2014 to November 29, 2014, and the outstanding amount is KRW 16,541,239. If the Defendant is not the operator of C, at least the Defendant is liable for the name-holder of C’s business registration.
B. The actual operator of Defendant C is B, and the Defendant only lent his business registration name and did not participate in C’s business.
The plaintiff may not be held liable to the defendant because he knew or could have known it.
2. Determination
A. In full view of the following circumstances acknowledged by the parties to a transaction with the Plaintiff as the Defendant, comprehensively taking account of whether the Plaintiff was the Defendant or not, the written evidence Nos. 3, 4, 5, 7, and Eul’s evidence Nos. 2 through 16, and the witness D, E, and witness B of this court’s testimony as a witness of the first instance trial, and the overall purport of the pleadings, it is sufficient to recognize that the Defendant took over C’s business whose business registration was registered under D’s name and has been engaged in its own account. Accordingly, the Defendant is liable to pay the outstanding amount to the
1. B, while operating the F, has discontinued at around 2007.
Since then, B decided to establish C, and borrowed the name of business registration to each type D.
D was registered as a business operator of C on November 201, 201, and B was in charge of production part while substantially operating C, and E, which is the private village of B, was in charge of business part.
② On April 30, 2014, the Defendant, known to B and its original knowledge, invested or lent KRW 5 million of C’s operating capital, and registered C in its own name on June 23, 2014, and thereafter, received loans, etc. from June 26, 2014 to March 25, 2015 to use KRW 171,198,192 as C’s operating capital.
In addition, the Defendant received text messages service when using credit cards related to the said account under his own name with regard to C’s business fund account.
③ immediately after the Defendant registered its business as above.