1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3,690,000 as well as its full payment from October 14, 2017.

1. Issues of the instant case

A. The Plaintiff asserts that: (a) through D, the Defendant’s business employees would receive goods from the Defendant; (b) remitted KRW 5,170,800 to the account in the name of the Defendant; (c) however, only received goods equivalent to KRW 1,480,80; and (d) did not receive the remainder of KRW 3,690,000; (c) thus, the Plaintiff asserts that the supply contract was revoked due to the Defendant’s nonperformance; and (d) sought the return of the remainder of KRW 3,690,00 and delay damages.

B. On the other hand, the defendant asserts that the other party to the transaction with the plaintiff is not "Defendant" but "D" (D is an independent business operator, not an independent business operator, and the purport that it is a direct transaction with the plaintiff), and that the defendant has no responsibility.

C. In this regard, the plaintiff is clear that the other party to the transaction with the plaintiff is the defendant, and even if not, the defendant allowed D to run his business using his name, and the plaintiff thereby led to the mistake that the defendant is a business owner and thus, the plaintiff is still liable for the name-holder pursuant to Article 24 of the Commercial Act.

Therefore, the issue of this case is who is the other party to the transaction with the defendant (if the other party to the transaction with the plaintiff is D, whether or not the defendant is also liable as the nominal lender pursuant to Article 24 of the Commercial Act).

2. Determination

A. Considering the following circumstances, it is reasonable to view that the other party to the transaction with the Plaintiff is not D but the Defendant, taking into account the following circumstances, which can be comprehensively seen in the statement No. 1 as to the statement of evidence No. 1.

1) The Plaintiff consistently knows D as a business employee of the Defendant, and the Plaintiff’s account (Account Number: E; hereinafter “instant account”) that the Plaintiff remitted the amount of goods.

In addition, as "Defendant F", the defendant runs a business in the name of "F".