물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The Plaintiff, by March 22, 2014, supplied building materials to “D” (E) and the outstanding amount is KRW 6,292,650.
D “D” was registered as a business operator under the name of the defendant, and was closed on October 27, 2014.
The plaintiff confirmed the business registration certificate (refer to 12 pages) of the defendant's name presented by C and started transactions.
On January 6, 2014, the Plaintiff received payment from the Defendant under the Defendant’s name.
(See, see, e.g., the Supreme Court Decision 201Do3148 delivered on Oct. 17, 2018). (See, e.g., the Supreme Court Decision 201Do329 delivered on Oct.
2. Determination
A. Article 24 of the Commercial Act provides, “A person who has permitted another person to engage in business using his/her name or trade name shall be jointly and severally liable with another person for payment of the amount to a third person who has transacted his/her business by misunderstanding himself/herself as a business owner,” and the defendant recognizes upon C’s request, that he/she lent his/her name to C around December 2013.
According to the above facts of recognition, the defendant is jointly and severally liable with C to pay the amount of KRW 6,292,650 as well as damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 9, 2018 to the date of full payment after the delivery of a copy of the complaint of this case.
B. The Defendant’s assertion 1) is a relationship with the Plaintiff, which does not have a way to dismiss the Plaintiff, and the Plaintiff does not have any contact with the Defendant prior to the filing of the instant lawsuit. In light of this, the Plaintiff is a party to a contract as a substantial business entity, and the Defendant was already aware that only the name was lent. Even if the Plaintiff was unaware of such fact, gross negligence is recognized for the Plaintiff. (2) The liability of the nominal lender under Article 24 of the Commercial Act, which is determined by mistake of the nominal owner as the business owner, is recognized.