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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
In addition to the purport of the entire argument in each statement of Gap evidence 1 through 6 (including each number), it is recognized that the defendant entered into an entrusted management contract with a limited liability company C and sold D vehicles used for the transportation of goods for business purpose by entering into the entrusted management contract with the above company, and Eul wants to operate the above vehicle without changing the truster name of the above entrusted management contract from the defendant to himself/herself because of its credit problems. Accordingly, the defendant issued a cargo welfare card and a copy of the business registration certificate to Eul to allow Eul to operate the truck business in his/her name. It is recognized that Eul failed to pay the credit amount of KRW 2,046,00,000 in the course of the transaction with the plaintiff using the cargo welfare bond and the business registration certificate, etc. under the name of the defendant.
In full view of the above facts, the defendant shall be deemed to have lent his name to E to have engaged in cargo transport business. Therefore, the defendant shall be jointly and severally liable to pay the credit payment to the plaintiff who transacted the defendant with the mistake as the business owner.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of 2,046,000 won on credit and the damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from May 25, 2018 to November 22, 2018, the delivery date of a copy of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed, and it is so decided as per Disposition.