1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company engaged in breeding, processing, and packing distribution.

B. On March 8, 2016, the Defendant registered the business of the instant restaurant (hereinafter “instant restaurant”) with the trade name “D” located in the Daegu Suwon-gu Suwon-gu C, and reported the business of the instant restaurant on the same day.

C. From March 4, 2016 to September 13, 2016, the Plaintiff supplied money equivalent to KRW 59,620,80 to the instant restaurant on credit.

[Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. From March 4, 2016 to September 13, 2016, the Plaintiff asserted that the instant restaurant supplied 59,620,800 won to the instant restaurant on credit. The Plaintiff did not receive KRW 13,506,90 out of the price of the said money (hereinafter “the outstanding amount”).

The Defendant ordered the Plaintiff to operate the instant restaurant as E and the instant restaurant, and ordered the Plaintiff to order or settle the money to be used in the instant restaurant by directly phoneing to the Plaintiff, and promised to pay the outstanding money.

Therefore, the defendant is not merely a nominal lender, but is obligated to pay the outstanding amount of this case and damages for delay to the plaintiff as a substantial operator.

B. Defendant’s assertion 1) The actual operation of the instant restaurant was conducted by E, and the Defendant was only registered as its own name and did not participate in the operation. The Defendant is limited to the nominal lender. The Plaintiff, not the Defendant, knew or could easily know that E actually operated the instant restaurant, and thus, the Defendant is not obliged to pay the outstanding amount to the Defendant. 2) Even if the Defendant was liable to pay the price for the goods supplied to the instant restaurant under the name of the Defendant, the outstanding amount generated before March 8, 2016, which was registered as its business operator, is completed.