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1. The Defendant shall pay to the Plaintiff KRW 63,482,771 and the interest rate of KRW 15% per annum from May 9, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On July 22, 2013, the Plaintiff is a juristic person engaged in textile manufacturing and wholesale and retail business, and the Defendant registered the wholesale and retail business as to clothing, etc. with the trade name “B”.
B. On August 31, 2016 through November 4, 2016, the Plaintiff supplied textile products equivalent to KRW 122,740,376 (including value added tax; hereinafter the same shall apply) to “B” and issued the revised electronic tax invoice, following the Plaintiff’s demand by Defendant B, which was returned of textile products equivalent to KRW 59,257,605 among them.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings
2. A person who has allowed another person to run a business using his/her name or trade name in question shall be jointly and severally liable to pay back to a third party who trades his/her own name and trade name to the owner of the business (Article 24 of the Commercial Act): Provided, That the liability of a nominal lender under Article 24 of the Commercial Act is to protect a third party who trades his/her name by misunderstanding the nominal holder as a business owner, and thus, if the other party to the transaction knew or was grossly negligent, he/she shall not be liable. In such case, whether the other party to the transaction knew or was grossly negligent of the nominal holder
(See Supreme Court Decision 2006Da21330 Decided January 24, 2008, etc.). 3. Determination
A. According to the above fact of recognition, the defendant allowed the birthee C to engage in wholesale and retail business using the trade name of "B", and according to the business appearance made by the defendant, the plaintiff recognized the defendant as "B" business owner at the time of the supply of the above textile products.
Therefore, the Defendant’s payment for the goods unpaid to the Plaintiff (i.e., KRW 122,740,376 - KRW 59,257,60) and the filing of the instant application for modification of the purport of the claim and the cause of the claim, following the delivery of a copy of the application, to the day of full payment from May 9, 2017 to the day of full payment.