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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a personal entrepreneur who engages in wholesale and retail business of food materials, such as the name of "D" in Ulsan-gu, Ulsan-gu, and the Defendant is the nominal owner of the business registration of "E", a Chinese restaurant located in the same region.
B. The Plaintiff supplied various kinds of food materials, such as mouters, to E from October 2012 to March 2016, where “E” started, but did not receive 13,847,000 won.
[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 3 evidence, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. (1) The plaintiff is obligated to pay to the plaintiff the amount of KRW 13,847,00,00 not paid for the food materials and delay damages.
(2) The Defendant: (a) only lent the name of the business registration certificate to Nonparty F, and the actual operation of “E” was carried out by Nonparty F; and (b) the Plaintiff was well aware that only the Defendant lent the name of the Defendant, and thus, the Defendant did not have a duty to pay food materials to the Plaintiff.
B. There is no evidence to prove that the Defendant merely lent F the name of the business registration certificate to F and did not operate the “E”.
Furthermore, even if the defendant merely lends the F's business name to F, the defendant is liable for the nominal lender under Article 24 of the Commercial Act in light of the following points.
(1) Article 24 of the Commercial Act provides that "a person who permits another person to run his/her business using his/her name shall be jointly and severally liable with the third person who has transacted his/her business by mistake as the owner of the business."
This provision aims to protect a third party who trades by misunderstanding the nominal owner as a business owner, and if the other party to the transaction knew or was grossly negligent, he/she shall not be held liable.
However, it is important that the other party to the transaction knew or knew the name lending.