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. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 4 (including the number of each branch number), the plaintiff supplied goods to the "E" convenience store located in Changwon-si, Changwon-si (hereinafter referred to as the "E convenience store") from September 2013 to March 31, 2017. As of February 2018, the remainder of the price for the goods was 15,000,000, and the defendant, together with the co-defendant C of the first instance trial, has completed the registration of the business as a joint business place of the convenience store of this case; the plaintiff, knowing that the defendant was the joint business place of the convenience store of this case, can recognize the fact that the plaintiff traded the goods.
According to the above facts, the defendant shall be supplied with the goods to the plaintiff, or at least a nominal lender under Article 24 of the Commercial Act, who is obligated to pay 15,000,000 won in the balance of the above goods and damages for delay.
2. First of all, the defendant's argument regarding the defendant's assertion is not the defendant but C, so the lawsuit of this case is illegal against a person who has no standing to be the defendant.
However, in a lawsuit for performance, since a person asserted as the performance obligor by the plaintiff has the standing to be the defendant, the defendant's above main defense is without merit.
Next, the defendant asserts to the effect that the claim of this case is unfair, since C is a business operator who received goods from the plaintiff in relation to the operation of the convenience store of this case and the defendant who did not receive goods is an undisclosed partner.
However, there is no evidence to acknowledge the above facts of assertion, so the defendant's above assertion is without merit.
Even if the defendant, as alleged by the defendant, assumed that the defendant is an undisclosed partner, in light of the fact that the defendant completed business registration with C as joint business operators of the convenience store in this case, the defendant becomes an undisclosed partner who used his name in the business.