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1. Defendant B shall pay to the Plaintiff KRW 162,00,000 as well as 24% per annum from April 11, 2018 to the date of full payment.
Reasons
1. Where Defendant B’s judgment as to the claim against Defendant B paid KRW 162,00,00 to the Plaintiff around April 2018, and where interest on the claim is not paid monthly, the fact that Defendant B agreed to pay KRW 1,60,000 per annum 24% interest per annum from April 11, 2018 to the date of full payment does not conflict between the parties.
Therefore, Defendant B is obligated to pay the above money to the Plaintiff.
2. Determination as to the claim against Defendant C
(a) A person who has permitted another person to run a business using his/her name or trade name under Article 24 of the Commercial Act shall be jointly and severally liable to the third person who has transacted by misunderstanding himself/herself as the owner of the business;
Around 2012 and 2015, the Plaintiff borrowed the money to operate a restaurant with the trade name “D”.
However, Defendant C allowed Defendant B to use the name of the business operator of “D” in his name, and allowed the lessee of the rental agreement of the restaurant to use the account under his own name for the business of the restaurant.
As a result, the plaintiff is liable to pay the principal and interest of the loan to the plaintiff jointly with the defendant Eul in accordance with Article 24 of the Commercial Act, since the plaintiff was mistaken for the defendant C as the operator of the above restaurant.
B. The liability of the nominal lender under Article 24 of the Commercial Act is to protect a third party who misleads the nominal lender as the other party with respect to the obligation arising from the transactions between the nominal lender and the other party, and reliance on such credibility, name, etc. Where the nominal titleholder permits another person to operate his/her business and causes another person to misunderstand the nominal titleholder as the business owner, the nominal titleholder is liable for the liability of the nominal lender under Article 24 of the Commercial Act. However, the nominal titleholder’s liability is the nominal titleholder.