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(영문) 대전고등법원 2017.08.09 2017나10990
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or supplementary parts] On the 3th page 10 of the judgment of the court of first instance, the following shall be added.

G. On February 17, 2017, the Plaintiff completed the rehabilitation procedure after receiving a decision on the completion of the rehabilitation procedure, and applied again on April 20, 2017, the Plaintiff filed an application for the takeover of the litigation procedure. The first instance judgment of “A Co., Ltd. (hereinafter referred to as “A”), 2, 10, 14, 16, 18, 19, 3, 15, 17 through 20, 4, 3, 5, 10, 10, 14, 16, 18, 18, and 21 of “A” in the second instance judgment of the first instance judgment of “A” (hereinafter referred to as “Defendant Co., Ltd.), 2, 10, 14, 16, 18, and 3, 3, 3, 7, 9, 4, and 4, as “A’s manager of A Co., Ltd.”, “D 16, 17, 16, 17,” respectively.

The summary of the plaintiff's assertion added by this court is that the defendant re-subcontracts all of the construction works of this case to D, and then has D use the defendant's name, thereby lending the name to D. Thus, the plaintiff is liable for the name lender under Article 24 of the Commercial Act.

Since the defendant conferred the right of representation on the purchase of goods to D and the employee registered as the defendant's employee purchases goods as the defendant's representative, he/she is liable for the act of representation or for the use of the defendant's name to D, he/she is liable for the expression representative under Article 125 of the Civil Code.

The liability of the nominal lender under Article 24 of the Commercial Act for determining the liability of the nominal lender is to protect the third party who trades the nominal lender by misunderstanding the nominal titleholder as the business owner, and the whole purport of the pleadings is taken into account in each description of Gap Nos. 2, 5, 7, and Eul Nos. 4 through 8, and 15.

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