(영문) 대구지방법원서부지원 2017.05.26 2016가합586

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(영문) 대구지방법원서부지원 2017.05.26 2016가합586

물품대금

Text

1. Defendant D’s KRW 236,846,660 and the interest rate of KRW 15% per annum from October 18, 2016 to the date of full payment.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant D

A. With the trade name of “E”, the Plaintiff, while engaging in the textile manufacturing and wholesale sales business, sold the ice of KRW 265,184,080 on August 31, 2015, and KRW 272,662,580 on September 30, 2015, and Defendant D paid only some of the prices of the goods and claimed damages for delay as to the sales amount of KRW 85,184,085 on August 31, 2015, and KRW 151,62,580 on September 30, 2015.

(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to the Plaintiff’s claim against Defendant B and C

A. The Plaintiff’s assertion was that Defendant D, who borrowed the name of Defendant B and C, sold the ice, and delivered the said ice, as described in paragraph (1). As such, Defendant B and C, pursuant to Article 24 of the Commercial Act, should pay the price for the goods to the Plaintiff jointly with Defendant D as the nominal name holder.

Therefore, Defendant D is jointly and severally liable with Defendant D, and Defendant B is obligated to pay the remainder of 151,662,580 won and damages for delay thereof, which Defendant D traded by lending the name of Defendant B, and Defendant C is obligated to pay the remainder of 85,184,080 won and damages for delay.

B. Article 24 of the Commercial Act provides that "a person who has permitted another person to engage in a business using his/her name or trade name shall be jointly and severally liable to pay to the third party who has transacted his/her business by mistake as the owner of the business." Thus, in order to hold the liability pursuant to the above provision, the plaintiff shall make a transaction by mistake as the owner of the business and mistake as the defendant B and C, and even according to the plaintiff's assertion, the plaintiff shall receive the order from the defendant D and deliver it to the place designated by the defendant D, and he/she shall make a deposit and tax invoice in the name of the defendant C, which is the kind of

참조조문

-민사소송법 제150조 제3항

-민사소송법 제208조 제3항 제2호

-상법 제24조

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