beta
Text
1. The Defendants jointly committed against the Plaintiff KRW 23,454,00 and Defendant C from November 15, 2015 to March 30, 2016.
Reasons
In fact, Defendant B permitted Defendant C, his mother, as his representative, to register his business with the name of “D” and operated a restaurant under the name of the above business operator, and to use his account in the settlement of goods prices.
Defendant C, using the above business operator’s name, supplied meat from August 2013 to November 13, 2015, and failed to pay KRW 23,454,00 for goods.
[Reasons for Recognition] Fact-finding, Gap evidence 1-1, Eul evidence 1-2, and the result of this court's order to submit tax information on the same Ulsan District Tax Office, according to the above-mentioned facts, the plaintiff has a duty to pay the unpaid goods price in collaboration with the defendant Eul, a transaction partner, as the plaintiff trades the defendant Eul with mistake as the business owner according to the business appearance made by the defendant Eul.
Therefore, the Defendants are jointly obligated to jointly pay to the Plaintiff the amount of KRW 23,454,00 and the amount of delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 15, 2015, following the date of final supply of goods, to November 30, 2016, for Defendant C, until March 30, 2016, for Defendant B, until July 14, 2016, and until the date of full payment.
As to Defendant B’s assertion, Defendant B merely lent the name of business operator to Defendant C, and the party who traded goods with the Plaintiff is Defendant C, and the Plaintiff knew of this fact, and thus, the Plaintiff did not have an obligation to pay the price for the goods.
The liability of the nominal lender under Article 24 of the Commercial Act is to protect a third party who trades by misunderstanding the nominal owner as a business owner. Therefore, if the other party to the transaction knew of, or was grossly negligent in, the fact of the nominal name, the other party to the transaction is not liable.