1. The Defendant shall pay to the Plaintiff KRW 30,265,886 and the interest rate of KRW 15% per annum from September 20, 2016 to the day of full payment.

1. Basic facts

A. On January 2015, the Defendant registered the business of C cafeterias (hereinafter referred to as “instant cafeterias”) located in Busan Dong-gu B (First floor, and D).

B. The Plaintiff supplied alcoholic beverages to the instant restaurant from January 2016 to June 7, 2016, and the amount of alcoholic beverages not paid is KRW 30,265,886.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, barring special circumstances, the Defendant, as the proprietor of the instant restaurant, is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from September 20, 2016 to the date following the delivery date of the original copy of the instant payment order, which the Plaintiff seeks, to the day of full payment.

B. The Defendant’s assertion 1) The actual operator of the instant restaurant is E before May 1, 2016, and thereafter, the Defendant as F is not the operator of the instant restaurant. The Defendant lent KRW 300 million to E and lent the name of the business operator to E to secure loan claims. Meanwhile, in light of the fact that the supply of alcoholic beverages to the instant restaurant was requested by E, the actual operator, and the Plaintiff was well aware of the above fact of the name lending. Therefore, the Defendant is not liable as the nominal owner under Article 24 of the Commercial Act to protect a third party who trades by mistakeing the nominal owner as the business operator, and thus, is not liable if the other party to the transaction knew of the name lending or was grossly negligent as to whether the other party to the transaction knew of the name lending.