beta
Text
1. The Defendants shall jointly and severally serve as KRW 118,720,50 on the Plaintiff and as a result, from October 1, 2015 to April 2, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established for the purpose of cultivating and selling turdy, etc., and the Defendants are those who are operating a business registered under the name of the Defendant A and operate a mutual landscaping company called “C”.
B. The Plaintiff supplied the Defendants with a total of KRW 291,720,500 from April 2014 to September 2015, and received KRW 173,00,000 in total from May 30, 2014 to January 9, 2015.
[Grounds for Recognition: Facts without dispute, each entry of Gap 1-4 evidence (including each number), the purport of the whole pleadings]
2. Determination:
A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 118,720,50 (=291,720,500 - 173,000,000) and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from October 1, 2015 to April 2, 2017, the delivery date of a copy of the complaint of this case, as sought by the Plaintiff, from October 2, 2015 to the day of full payment.
B. Defendant A’s assertion that Defendant A merely lent the name of the business operator to Defendant B, but did not participate in the operation of C, and there is no reason to acknowledge that Defendant A is merely the nominal lender. However, there is no evidence to acknowledge that Defendant A is merely the nominal lender.
Even if Defendant A is only a nominal lender, a person who has permitted another person to run his/her business using his/her name or trade name is jointly and severally liable to pay the third party who trades his/her own name and trade name to the nominal lender (Article 24 of the Commercial Act). If the third party, who is the nominal lender, knew of the fact of the nominal lender or was grossly negligent, the nominal lender is not liable, but in this case, the other party to the transaction knew of the fact of the nominal lender or was negligent.