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1. The Defendants are jointly and severally liable to the Plaintiff for 27,069,691 won and 6% per annum from December 1, 2015 to March 25, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff, a corporation with the purpose of selling safety equipment, etc., decided to sell safety equipment to the Defendants, who run a personal business entity called C, and the price was paid by the end of the month following the date of supplying the goods.
B. From August 2015 to October 2010 of the same year, the Plaintiff sold goods worth KRW 32,472,231 in total to the Defendants. The remainder of the goods price to be paid by the Defendants to the Plaintiff is KRW 27,069,691.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 27,069,69,691 of the balance of the goods price and damages for delay at each rate of 6% per annum prescribed by the Commercial Act from December 1, 2015 to March 25, 2016, which is the day following the date of the final payment of the goods price, to the date of final delivery to the Defendants, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. On the determination of the Defendants’ assertion, the Defendants asserted to the effect that Defendant B’s claim against Defendant A should be dismissed, since Defendant B was engaged in the business by lending the name of Defendant A, and the Defendants, the married couple, agreed that all obligations related to the business should be held responsible by Defendant B, starting separate occupation.
Even if Defendant A merely lent the name of the business to Defendant B, the person who permitted another person to run his business by using his name or trade name is jointly and severally liable with another person to pay the third person, who trades his own name or trade name to the business owner (Article 24 of the Commercial Act). The liability of the nominal lender is to protect the third person who trades the name of the nominal lender by misunderstanding the nominal owner as the business owner.