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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Comprehensively taking account of the following facts: (a) evidence No. 1, No. 2, No. 2, No. 3, No. 4, and No. 8; and (b) as a whole, C had registered its business in the name of the Defendant on March 10, 2014 with the Defendant’s permission and operated “B Hospital” in the name of the Defendant; (c) the Plaintiff supplied the drugs, etc. to the pertinent hospital from March 26, 2014 to November 6, 2014; (d) however, it can be recognized that the Plaintiff failed to receive KRW 22,931,690 out of the price.
2. Judgment on the plaintiff's assertion
A. The Plaintiff concluded a contract with the Defendant, not C, and supplied medicine, etc.
② Even if the Defendant is not deemed liable as a contracting party, the Defendant consented to the Defendant to operate the business under his name, and the Plaintiff provided the Defendant with the drugs, etc. to the instant hospital by mistake as the proprietor of the business. As such, the Defendant is liable to pay the Plaintiff the price of the said drugs, etc. as the nominal lender
B. According to the evidence in paragraph (1) of this Article, in around 2008, C established a hospital with the same trade name as the instant hospital and operated it under its own name. The fact that C concluded with the Plaintiff at the time of its establishment and received medicines, etc., but the hospital was temporarily suspended due to the failure to pay back the number of units, and C was difficult to continue operating the hospital under its name due to its debts. Since C was registered under its name, it was difficult to continue operating the hospital under its name, as stated in paragraph (1), and it was recognized that C continued operating the hospital. At the time, the Plaintiff had paid for medicines, etc. not received from C, but it was decided to continue trading upon C’s request. The above fact was found that the Plaintiff did not directly contact the Defendant during the process of determining to continue trading with the instant hospital, and there was no agreement on the acquisition of the obligations already occurred between C and C.