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

Purport of claim and appeal

1...

A. The Plaintiff is a person engaged in the wholesale business, such as machinery parts, with the trade name of “C” in Changwon-si, Changwon-si, and the Defendant is a person engaged in the manufacturing business, such as machinery, etc., with the trade name of “D” in the Busan Sinpo-si.

While the Plaintiff supplied the Defendant with the goods of KRW 14,400,870 (including value-added tax) including four SOFT JAW from April 21, 2016 to August 4, 2016, the Defendant did not pay the price of the goods.

Therefore, as a trading party to whom the goods are supplied by the plaintiff, the defendant is obligated to pay the above 14,400,870 won.

Even if the defendant lent his name to E, the plaintiff was unaware of the name name of the defendant, so the defendant is liable for the above price of goods as the name truster pursuant to Article 24 of the Commercial Act.

B. The parties to a transaction supplied goods from the Plaintiff are not the Defendant, but E, and the Defendant without permission used the Defendant’s name, although there was no fact of lending the name to E in connection with the instant case.

Therefore, the defendant is not obligated to pay the above price to the plaintiff.

2. Determination:

A. According to the following: (a) whether the Plaintiff supplied the instant goods to the Defendant; (b) the Plaintiff supplied the goods to the Defendant; and (c) the Plaintiff supplied the goods equivalent to KRW 14,400,870 in total to the Defendant’s “D” from April 21, 2016 to August 4, 2016; and (d) issued a tax invoice of KRW 14,400,870 in total in the name of “D”; (c) however, the fact of the recognition alone is insufficient to recognize that the Plaintiff supplied the instant goods to the Defendant; (d) rather, taking into account the following descriptions: (e) evidence No. 3, evidence No. 1, and evidence No. 1; and (e) the entire purport of the pleading of witness E at the first instance trial, E borrowed the Defendant’s business registration title.