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(영문) 대구지방법원 2016.11.10 2016가단10046 (1)
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant asserted that the Plaintiff’s birth C entered into a business registration of “E” in the name of wife D, and entered into a transaction with the Plaintiff from September 25, 2008 and entered into a business registration of “F” in the name of the Defendant, who is a punishment, again, and entered into a transaction with the Plaintiff until December 31, 2015. The Plaintiff’s birth did not pay KRW 106,851,083 as the transaction price.

The defendant is jointly and severally liable to pay C the above transaction price as the nominal lender who has permitted C to use his name or trade name for business.

2. According to Article 24 of the Commercial Act, a person who permits another person to run a business using his/her name or trade name shall be jointly and severally liable with another person for payment to a third party who trades by mistake as the owner of the business.

However, according to the circumstances alleged by the Plaintiff, the Plaintiff appears to have been fully aware that the Defendant lent the name to C, and the Plaintiff stated at the first date of pleading that he traded with C, knowing that he was the nominal lender.

Therefore, the Plaintiff cannot be deemed to have traded with the Defendant as the business owner by misunderstanding the Defendant as the business owner, and thus, the Defendant cannot be held liable for the nominal lender’s liability.

3. The plaintiff's claim against the defendant is dismissed as there is no reasonable ground.

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