1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. The Plaintiff’s assertion is an entrepreneur operating a liquor wholesale business, and from November 22, 2012 to December 2, 2012, the Plaintiff supplied alcoholic beverages to a restaurant with the second floor of the building B in the Gyeonggi-si, Seoul Special Metropolitan City (hereinafter “C”), which was registered as a business entity by the Defendant, but did not receive the price for goods of KRW 986,800. During the pertinent period, the Plaintiff leased ice ice ices and coolings worth KRW 1,400,000 in total at the instant place of business for the said period. Since the said equipment cannot be returned because it was disposed of at will, the Plaintiff sought payment of KRW 2,386,800 in total.

2. Determination

A. According to the overall purport of Gap evidence Nos. 1 and 2 as to the claim for the payment of the price for goods, the defendant is registered as the business operator of the instant workplace from Apr. 4, 201 to Nov. 22, 2012, and the price for goods for which the plaintiff failed to supply alcoholic beverages to the instant workplace from Nov. 22, 2012 to Dec. 2, 2012 is recognized as constituting 986,800. Thus, the defendant is obligated to pay the price for the goods to the plaintiff as the nominal owner under Article 24 of the Commercial Act.

B. The plaintiff's claim for the payment of the amount equivalent to the market price of the air conditioners and ice conditioning is premised on the premise that the plaintiff's claim for this part of the claim is impossible to return the air conditioners and ice conditioning leased to the business establishment of this case at will. Unlike the plaintiff's assertion, the defendant may deliver them at any time because the defendant keeps them in custody. Thus, there is no evidence to prove that the return of the air conditioners and ice conditioning is impossible as alleged by the plaintiff, and there is no evidence to prove that the total market price of the air conditioners and ice conditioning is KRW 1,400,000, since there is no evidence

C. Accordingly, according to the theory of lawsuit, the defendant's obligation to perform the plaintiff since December 11, 2014, which is the day following the delivery date of the complaint of this case, shall be 986,800 won for the goods unpaid to the plaintiff.