물품대금
The defendant shall pay 47,582,784 won to the plaintiff and 12% per annum from March 26, 2020 to the day of complete payment.
1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 7 (including the paper numbers), the defendant is recognized as having registered as a trade business entity with the trade name of "C", and the plaintiff supplied the clothes of KRW 51,582,784 to the above C from August 9, 2019 to November 25, 2019, and issued a tax invoice with the defendant as the recipient of the tax invoice; the fact that the defendant was deposited in the account in the name of the plaintiff from the account in the name of the defendant to the account in the name of the plaintiff.
According to the above facts, a party to the transaction of supplying goods is the defendant unless there are special circumstances, and the defendant is obligated to pay to the plaintiff 47,582,784 won of unpaid goods and damages for delay calculated at the rate of 12% per annum from March 26, 2020 to the date of full payment, as the plaintiff seeks.
2. As to the defendant's argument, the defendant's Dong-in operated C, only lent the name to himself, and the plaintiff was well aware of this, and thus he is not liable for paying the unpaid goods.
However, Article 24 of the Commercial Act is a provision to protect the interests of the other party who trades with a person who borrowed the name as the principal agent of the business, and accordingly, the nominal lender is jointly and severally liable to pay the debt that the nominal lender bears in the course of the business transaction, and there is no evidence to find that the Plaintiff knew or was unaware of the name lending due to gross negligence, and thus,
3. Accordingly, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.