1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a legal entity that runs the meat processing business, and the Defendant is an individual who runs the meat wholesale retail business under the trade name “B.”

B. Around April 2016, the Defendant sold the above “B” business store to Nonparty C, and the Defendant proposed that “C would make the Defendant’s business registration and pay the purchase price by collecting the card sales amount that C deposits with the funeral service, once the purchase price is insufficient.” The Defendant consented.

C. From June 10, 2016 to July 20, 2016, the Plaintiff supplied “B” with goods equivalent to KRW 26,026,010, such as meat, and received KRW 10,370,290 out of the price of goods.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. A person who permits another person to run a business using his/her name or trade name in determining the cause of a claim is jointly and severally liable to pay to a third party who trades his/her own name and trade name to the third party as the owner of the business (Article 24 of the Commercial Act). This is a provision to protect the interests of the other party who trades the leased person as the owner of the business and then, according to such provision, the nominal lender is jointly and severally liable for the debt to be borne by

(2) Article 24 of the Commercial Act provides that “The Plaintiff shall pay 15,65,720 won (i.e., 26,026,010 - 10,370,290 won) (i.e., 26,026,010 - 10,370,290 won) for the goods unpaid to the Plaintiff as a nominal owner pursuant to Article 24 of the Commercial Act, and the Defendant shall pay 6% per annum as provided by the Commercial Act from July 21, 2016 to April 19, 2017, the delivery date of the copy of the complaint of this case, from July 21, 2016 to April 19, 2017, and 15% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. The defendant's defense.