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

Purport of claim and appeal

1..

A. The Plaintiff is a person who runs a package trade, machinery wholesale trade, and equipment wholesale trade in the name of “C,” and the Defendant is a person who runs a comprehensive motor vehicle maintenance business in the trade name of “D.”

B. The Plaintiff received a request from the Defendant’s cohabitant E for the supply of goods, such as paint, and supplied goods to D, and did not receive KRW 896,962 out of the price of the goods.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, 3-1 to 4, and 4-4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff is a business registration holder of "D" and is a party to the goods supply contract (hereinafter "the goods supply contract of this case"). The plaintiff is obligated to pay 896,962 won for unpaid goods and damages for delay to the plaintiff.

B. Defendant 1) The Defendant only lent the name of business registration for “D” to a person living together with the Plaintiff, and did not conclude a contract for goods supply with the Plaintiff. Therefore, there is no obligation to pay the Plaintiff unpaid goods. 2) Furthermore, there was a defect in the goods such as paint supplied by the Plaintiff, and the Plaintiff filed a claim for damages from the customer, and the Plaintiff suffered mental damage by intimidation by the Plaintiff’s husband, and thus, the Plaintiff

3. Determination

A. 1) The fact that the Plaintiff supplied goods to D upon receiving a request from the Defendant’s cohabitant E for the supply of goods is as seen earlier. The Plaintiff asserted that the Defendant is the party to the instant goods supply contract, and the Defendant asserts that he is merely the nominal name holder, and that E is the party to the instant goods supply contract. As such, the party to the instant goods supply contract shall be viewed as the party to the instant goods supply contract. 2) In the event the actor who entered into a contract performs a legal act in another’s name, the intention of the actor and the nominal name as the party to the contract is identical.