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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. On July 30, 2013, the Plaintiff is a person who is engaged in printing business with the trade name called C, and the Defendant is a person who registered his/her business with the trade name called “Emart” from Namyang-si, Namyang-si.
B. From August 5, 2013 to January 22, 2014, the Plaintiff supplied the advertising leaflets to the said Empt, and issued a tax invoice stating the Defendant’s business registration and name in the “supplyer” column.
C. Meanwhile, as of January 22, 2014, the Plaintiff’s final supply date, the unpaid balance is KRW 8,700,000, out of the goods supplied by the Plaintiff to the said Eart.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 8,700,000 for the unpaid goods and damages for delay calculated at the rate of 6% per annum under the Commercial Act from January 23, 2014 to July 24, 2014, the delivery date of the copy of the complaint of this case, as requested by the plaintiff, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
B. As to the defendant's resistance (1) dispute, the defendant asserts that since the actual operator of EMart is F and management director G, who is the husband, the person who received goods from the plaintiff is the above F or G, the defendant is not liable for the payment of the goods. The plaintiff is well aware that the defendant did not participate in the operation of EM and was aware of the fact that the contents of the goods are collected, so the defendant is not liable for the name lending to the defendant.
(2) First, as to who is the contracting party to the transaction with the Plaintiff, the actor and the other party to the contract should first be considered as the contracting party in the event the actor and the other party to the contract perform a legal act in the name of another person.