1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. There is no dispute between the parties to the determination on the cause of the claim, or comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 (including the number of branch numbers), the plaintiff who manufactures semiconductor parts, etc., supplied the defendant who manufactures plastic products, etc. with parts equivalent to KRW 83,381,498 in total from February 24, 2014 to September 30, 2014. Thus, barring any special circumstance, the defendant is liable to pay to the plaintiff the unpaid amount of KRW 12,679,50, and damages for delay, except for the unpaid amount of KRW 70,701,998, who is paid by the plaintiff.

2. On the judgment of the defendant's assertion, the defendant only lent his name to son B, and there was no fact with the plaintiff, and the plaintiff also knew that he was in father-child relationship between the defendant and B, and therefore, the actual trader B bears the responsibility for the payment of the goods.

In principle, a nominal lender who has lent his/her name to another person shall be liable for any transaction between another person and another person in accordance with Article 24 of the Commercial Act. However, since the liability of a nominal lender under Article 24 of the Commercial Act is to protect any third person who trades by misunderstanding the nominal holder as the business owner, if the other party to the transaction knew of, or was grossly negligent in, the fact of the nominal holder, he/she shall not be held liable. In such a case, whether the other party to the transaction knew or was grossly negligent in,

(see, e.g., Supreme Court Decision 2006Da21330, Jan. 24, 2008). In light of the following, the circumstance alleged by the Defendant, and the evidence submitted by the Defendant alone, it is recognized that the Defendant lent the name to B, or that the Plaintiff was grossly negligent in having known or discovered the name lending at the time of the transaction with the Defendant.