1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. The Plaintiff’s assertion 1) In the first place, the Plaintiff’s goods worth KRW 128,265,830 in total, including fibers, from May 26, 2017 to June 17, 2017, to the Defendant (mutual name D) (hereinafter “instant goods”).

Since the Defendant supplied the goods to the Plaintiff, the Defendant is obligated to pay 128,265,830 won and damages for delay thereof. 2) Preliminaryly, the Defendant lent the Defendant’s trade name to C and traded with C by mistake of the Plaintiff. As such, the Defendant is liable to the Plaintiff as the nominal lender under Article 24 of the Commercial Act.

B. The Defendant’s assertion that the Plaintiff supplied the instant goods to C with the knowledge that the Plaintiff was not the Defendant, and thus, the Defendant did not have the obligation to pay the price of the instant goods to the Plaintiff, and is not liable as the nominal lender.

2. Determination

A. In a case where an actor who enters into a judgment contract on primary claims performs a juristic act in the name of another person, who is the principal of the contract or who is the nominal person shall be determined as the party to the contract in accordance with the consent of the actor and the other party. In a case where the intent of the actor and the other party coincide, if the other party fail to agree with each other, then the other party shall be determined in accordance with the specific circumstances before and after the conclusion of the contract, including the nature, content, and purpose of the contract, and the reasons why the contract is concluded.

(See Supreme Court Decision 2003Da44059 Decided December 12, 2003, and Supreme Court Decision 2014Da18711 Decided July 10, 2014, etc.). In light of the aforementioned legal principles, the Plaintiff submitted the following circumstances, comprehensively taking into account: (a) the instant case was examined; (b) the entry of No. 2; and (c) the testimony and arguments of the witness C and the witness F of the first instance trial; and (d) the purport of the entire testimony and pleadings of the witness C and the witness F of the first instance trial