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(영문) 의정부지방법원 2017.08.24 2016나58677

물품대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The court's explanation of this case is the same as the part of the reasoning of the judgment of the first instance except for dismissal or addition as follows. Thus, the court's explanation of this case is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.On the third part of the judgment of the court of first instance, the following shall be added: “The termination of the withdrawal as the withdrawal” in Part 19 of the judgment of the court of first instance:

According to F’s testimony of the witness of the party to the knives of the knives of the knives of the instant case, the Plaintiff has transacted with D prior to the instant case. As to the instant previous construction works, the Plaintiff was aware of the other party to the contract, such as issuing a tax invoice in the future, and traded as D. As to the instant construction works, it is reasonable to deem that the Plaintiff supplied the instant construction works “reasonable to deem that it was supplied” on the 4th page of the first instance judgment of the court of first instance, stating that “B had been aware of the other party to the contract, such as the issuance of the tax invoice, etc. in the future, and that there was no other counter-proof evidence.”

Part 7 of the decision of the first instance court is as follows. The following shall be added:

On the other hand, the defendant asserts that the plaintiff does not bear the responsibility of the nominal lender under the Commercial Act because he knew that the plaintiff was the defendant's nominal lender of D.

The liability of the nominal lender under Article 24 of the Commercial Act is to protect a third party who trades by misunderstanding the nominal owner as a business owner. Therefore, if the other party to the transaction knew of, or was grossly negligent in, the fact of the nominal name, the nominal owner shall not be held liable. In such a case, the exemption is granted as to whether the other party to the transaction knew of, or