[물품대금청구사건][고집1980민(2),433]
A case which constitutes a case where a person permits to conduct a business by using his trade name;
If the defendant lent money to the non-party to the non-party for the operation of the salt color business that the non-party operates and secured it, the defendant constitutes a case where the defendant permitted the business to use his own trade name and thereby the above non-party who is the actual manager of the salt color business is obligated to pay the debt incurred by the business transaction, such as purchasing salt necessary for the above salt color business, etc. from the plaintiff.
Article 24 of the Commercial Act
September 28, 1976, 76Da955 decided Sep. 28, 1976 (Article 24, 718 of the Commercial Act)
Plaintiff
Defendant
Seoul Civil History District Court (79 Gohap4658)
1. Revocation of a judgment of the first instance;
2. The defendant shall pay to the plaintiff the amount of 6,014,500 won with an annual rate of 5% from October 14, 1979 to the date of full payment.
3. The costs of the lawsuit shall be borne by the defendant in both the first and second instances.
4. Provisional execution may be effected only under paragraph (1).
It is identical to paragraphs (1) through (3) of this Article.
In full view of the whole purport of testimony and oral argument of Non-party 1 corporation, non-party 1 corporation, the business registration titleholder of the court below's non-party 2, and the witness non-party 3 and non-party 4 of the court below's trial witness, the defendant lent 7,000,000 won to Non-party 5 other than the appellant on December 25, 197 as funds for the operation of the above salt color business and borrowed 7,00,000 won under the name of the defendant to secure this, Non-party 5, the business registration titleholder of the above salt color business, who is the above salt color business operator, continuously purchased various salt rates from the plaintiff on May 20, 1978 to use them in the non-party 1 corporation and the non-party 2 of the court below's testimony, and the remaining amount of the remaining goods can be recognized as 50,000 won over December 12, 1978.
Thus, the defendant is a case where the non-party 5 permits the non-party 5 to conduct business using his trade name. Thus, the defendant is obligated to pay the plaintiff the amount of 6,014,590 won, which the plaintiff seeks from the debt for the above goods due to the non-party 5's business transaction, and damages for delay at the rate of 5% per annum under the Civil Act from October 14, 1979 to the full payment date, which is obviously the day following the delivery date of the complaint of this case sought by the plaintiff.
Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair differently from the party members, and the plaintiff's appeal is justified, and it is so decided as per Disposition by applying Article 89 of the Civil Procedure Act Article 199 of the provisional execution sentence and Article 199 of the same Act to the burden of litigation costs.
Judge Lee Sang-hoon (Presiding Judge)