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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion C market calls for payment of KRW 31,540,000, which was unpaid since the Plaintiff sold agricultural products, such as vegetables, to the Defendant, who sells fruits, vegetables, etc. under the trade name of E, from July 2017 to March 31, 2018.
Preliminaryly, even if the defendant is not a person who lends the name of the representative in the name of business registration, the defendant constitutes a nominal lender under Article 24 of the Commercial Act and is jointly liable.
2. Determination
A. In full view of the description of the evidence No. 1 and the purport of the entire pleadings in the testimony of the witness F and G, the defendant, prior to ten years, was to start the business in the name of Nonparty F and E, and was to start the business in the name of E, and was to start the business in the name of E, and was to start the business in 2017 and was to start the new business in the name of F and was to start the business in the name of F and was to start the business in the name of F and was to start the business in the name of F and was to start the business in the name of F and was to start the business in the name of F and was to start the business in the name of F and was to start the business in the name of F and was to know of the plaintiff, and F had been to start the business in the C market and H market since F had been to start the business in the name of the Plaintiff’s employee G.
B. According to the above facts of recognition, since a person who purchased a collection, etc. from the plaintiff is not the defendant but F, the plaintiff's claim based on the premise that the defendant is the counterpart to the transaction cannot be accepted.
C. In addition, a person who lends the name of a representative of business registration is also a person who has permitted to conduct business by using his/her own name, i.e., a person who is the nominal name, but even if so, the other party to the transaction knew or knew of the nominal name.