A. The Plaintiff is engaged in the textile sales business under the trade name of “C”, and the Defendant is engaged in the goods sales business under the trade name of “D.”

B. E requested the Plaintiff to deliver the original product under the Defendant’s name, and supplied the goods from the Plaintiff until May 22, 2015, but did not pay KRW 39,964,00 out of the price of the goods.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings

2. Determination

A. According to Article 24 of the Commercial Act regarding the cause of the claim, a person who permits another person to run a business using his/her name or trade name shall be jointly and severally liable with the third person who trades his/her name or trade name as the proprietor of the business.

In full view of the aforementioned evidence and the overall purport of the arguments as to the instant case, E requested the Defendant, who is the next fright holder, not to register the Defendant with a bad credit holder, and requested the Defendant to lend the Defendant’s business name. E, in trading with the Plaintiff, issued the Defendant’s business registration certificate, and issued a tax invoice in the name of the Defendant, and recognized that the transaction price with the Plaintiff was remitted to the Plaintiff from the Defendant’s account in the name of the Defendant, and that the said recognized facts were related to the Defendant’s business and E’s general terms of transaction between the Defendant’s business and E, the Defendant allowed the Defendant to use his name and trade name, and the Plaintiff continued to supply the goods due to the mistake of the Defendant as the business owner. Accordingly, the Defendant is obligated to pay the Plaintiff the price of the goods as the nominal holder under Article 24

Therefore, barring special circumstances, the Defendant’s payment of KRW 39,964,00 for the unpaid goods and the Defendant’s payment of KRW 39,964,00 from May 23, 2015 to July 24, 2015, the delivery date of a copy of the instant complaint, which is the date of delivery of a copy of the instant complaint, shall be 6% per annum under the Commercial Act, and each lawsuit shall be promoted from July 25, 2015.