2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a person who runs a wholesale business such as wood in the name of “F” in Seo-gu Incheon, Seo-gu.

B. On April 13, 2012, Nonparty G commenced the furniture manufacturing business with the trade name “I” in the name of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

G on July 10, 2015, on the joint name of the Defendants, and on December 8, 2015, each business registration name was changed in Defendant C’s name.

C. Defendant C is the mother of G, and Defendant D is the legal spouse of G. D.

The Plaintiff supplied 242,984,862 won to “I” from May 1, 2015 to August 23, 2017, but was paid only KRW 186,889,054 by October 24, 2017.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, Eul evidence 1-1, 2, and 3-1 to 3-3, witness G testimony, purport of whole pleadings]

2. Determination

A. The Plaintiff asserts to the effect that, as the Defendants jointly operated the “I” and jointly operated, the Defendants are jointly and severally liable to repay the unpaid balance out of the goods price, or even if not, they are liable to compensate for the unpaid amount pursuant to Article 24 of the Commercial Act.

B. The defendants, as the mother-child of G and the legal spouse of G, leased only the business registration name when G operates “I” as seen above.

In addition, when the opposite contractual party knew of or was negligent in doing so, the nominal name holder is not liable under Article 24 of the Commercial Act, and at this time, the nominal name holder is liable for the other contractual party's bad faith or gross negligence with the burden of proof (see, e.g., Supreme Court Decision 2006Da21330, Jan. 24, 2008). In full view of the respective descriptions of No. 1-2, No. 1-2, No. 2, and No. 2 of the evidence and the overall purport of the pleadings in the witness G's testimony, G has been running the business by lending the name of the Defendants prior to commencing the transaction with the Plaintiff, and ② G has directly paid the text, examination, and payment of the price, and the Defendants directly conducted the operation of "I".