대여금 등
1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 1,500,000 and the full payment with respect thereto from August 15, 2018.
1. Judgment on the defendant's contractual liability
A. On September 1, 2014, the Plaintiff asserted that the Defendant paid KRW 1,500,000 of subsidies to the Defendant on the condition that the Plaintiff would be provided a single alcoholic beverage for at least 24 months. Since the Defendant ceased transactions with the Plaintiff on December 9, 2014, the Plaintiff was obligated to pay subsidies of KRW 1,50,000 and delay damages.
B. In full view of the purport of the entire argument of the appraiser C as a result of the appraisal of the judgment appraiser C, the Defendant’s signature and unmanned impression as stipulated in No. 2 (Agreement) are acknowledged to be different from the Defendant’s writing and fingerprints, and thus, the evidence No. 2 cannot be admitted as evidence as it is impossible to establish the authenticity, and there is no other evidence to acknowledge the fact that
The plaintiff's above assertion is rejected without need for further review.
2. A person who has permitted another person to run his/her business using his/her name or trade name in determining the defendant's liability for the nominal lender shall be jointly and severally liable to pay back to the third party who has transacted his/her name or trade name with him/her
(Article 24 of the Commercial Act). In full view of the purport of the entire arguments in the evidence Nos. 1 and 2, the Defendant permitted D to operate the business in the name of the Defendant in the name of “E”. On September 1, 2014, the Plaintiff paid D subsidies of KRW 1,500,000 on a single condition that D would provide alcoholic beverages for at least twenty-four (24) months from the Plaintiff, and D could recognize the fact that it suspended transactions with the Plaintiff on December 9, 2014, which is only three (3) months from the Plaintiff.
Therefore, under Article 24 of the Commercial Act, the Defendant, barring any special circumstance, shall grant subsidies of KRW 1,500,000 to the Plaintiff who misleads D as Defendant pursuant to Article 24 of the Commercial Act, and as requested by the Plaintiff, the following day after the delivery date of a copy of the complaint of this case from August 15, 2018 to the day of full payment, etc.