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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. C, after leasing a building located in Seo-gu, Daegu, and thereafter establishing and operating the “Evalescent Hospital” (hereinafter “instant hospital”), the Defendant, who is a doctor, was employed as the head of the nominal hospital.
B. The Plaintiff operating a high-pressure gas wholesale and retail company with the trade name “F” supplied gas to the instant hospital. As of December 8, 2014, the gas price that was not paid by the said hospital as of December 8, 2014 is KRW 14,389,300 (i.e., the gas price as of November 29, 2014, KRW 31,000 for the gas price as of December 3, 2014, KRW 31,000 for the gas price as of December 5, 2014.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1 through 3, the purport of the whole pleadings and arguments
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion was that the Plaintiff supplied gas to the instant hospital by December 8, 2014, but did not receive 14,971,300 won out of the gas price. The Defendant, the representative of the said hospital, is obligated to pay the Plaintiff the outstanding amount of gas price 14,971,300 won and damages for delay.
B. As seen in the facts established prior to the determination of the parties to the instant gas supply contract, the actual operator of the instant hospital was not the Defendant, and thus, it is deemed that the parties who concluded the gas supply contract with the Plaintiff were not the Defendant.
C. The Defendant’s duty to pay gas prices (1) Any person who permits another person to run a business using his/her name or trade name shall be jointly and severally liable to pay to a third party who trades his/her own name or trade name with him/her as the proprietor of the business (Article 24 of the Commercial Act, however, the liability of the nominal lender under Article 24 of the Commercial Act is to protect the third party who trades his/her name by misunderstanding the nominal holder as the business owner, and thus, the other party to the