A. The Plaintiff is a person who runs a fish brokerage business under the trade name of “C,” and the Defendant (Appointed Party) is supplied with fishery products from the Plaintiff (hereinafter “instant fishery products”).

B. From July 2012, Defendant (Appointed) traded the instant fishery products without having made business registration with the Plaintiff from around July 2012, and continued transactions after having made business registration under the name of the designated person, “D” on May 8, 2015.

C. Defendant (Appointed Party) has approved the price of the instant fishery product to the Plaintiff via the passbook in the name of the Appointor. Since 2014, Defendant (Appointed Party) failed to pay the price properly, and the price of fishery products not paid as of August 20, 2015 is KRW 111,393,00.

Defendant (Appointed Party) was granted exemption on May 16, 2017 by filing an application for immunity with Busan District Court No. 2016,70400, but did not enter the Plaintiff’s obligation to pay the instant fishery products in the list of creditors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the claim against the selector

A. The Plaintiff’s contractual liability is a party to the instant fishery product transaction, and the selector is obligated to pay the Plaintiff the unpaid amount of KRW 111,393,000 and the delay damages therefrom. However, the evidence alone submitted by the Plaintiff is insufficient to recognize that the selector is a party to the instant fishery product transaction, and there is no other evidence to acknowledge this otherwise.

Therefore, we cannot accept the plaintiff's above argument.

B. The Plaintiff is liable for the nominal name holder’s business registration under his name with the name of “D”, and the Plaintiff has approved the instant fishery products price by the passbook in the name of the designated person. As such, the designated person is jointly and severally with the Defendant (appointed party) under Article 24 of the Commercial Act.