고철대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. From February 23, 2009 to January 14, 2011, the Plaintiff paid 342,360,259 won for scrap metal to B (hereinafter “instant enterprise”) registered as a business entity, but was supplied only for scrap metal of KRW 309,360,259.
[Ground of recognition] Facts without dispute, Gap 1 and 2's entries, the purport of the whole pleadings
2. The parties' assertion
A. The actual business owner of the Plaintiff’s instant business is the Defendant, and C is only the Defendant’s form of sales, and only a person who assists in the Defendant’s business.
Even if C is the actual business owner, the Defendant lent the name of the business owner to C, and the Plaintiff was unaware of such fact, so the Defendant should be held liable as the name lender.
Therefore, the defendant should return to the plaintiff KRW 33,143,71, not delivered out of the pre-paid scrap metal.
B. The actual business owner of the Defendant’s instant business is C, and the Defendant only lent the name of the business owner, and the Plaintiff was well aware of such fact, and thus, the Defendant is not liable as the nominal owner.
3. Article 24 of the Commercial Act provides, “A person who has permitted another person to run a business using his/her name or trade name shall be jointly and severally liable to pay to a third party who trades his/her own name and trade name to the third party who misleads the third party as the proprietor of the business, and such liability of the nominal lender is to protect the third party who trades his/her name by misunderstanding the nominal owner as the proprietor of the business, and thus, if the other party to the transaction knew the fact of the nominal name or was grossly negligent for the other party to the transaction, he/she shall not be liable. In this case, the nominal lender
(see, e.g., Supreme Court Decision 2000Da10512, Apr. 13, 2001). A witness’s testimony and the entire purport of pleading (the testimony of a witness E, contrary to this, is not trustable) is comprehensively reviewed.