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1. The Defendants shall jointly and severally serve as KRW 39,654,100 on the Plaintiff and as a result, from March 23, 2018 to January 22, 2019.
Reasons
1. Determination on the cause of the claim
A. The fact that the Plaintiff supplied a textile product equivalent to KRW 39,654,100 to Defendant D, who had engaged in the clothing manufacturing business under the trade name of Defendant C by lending the name of Defendant C around March 2018, does not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the evidence Nos. 1, 2, 1, and 3.
Therefore, Defendant D is obligated to pay the price of the above goods and damages for delay to the Plaintiff.
B. On the other hand, the person who allowed another person to run a business using his name or trade name is jointly and severally liable to pay the third party who trades with the third party as the owner of the business by mistake (see Article 24 of the Commercial Act). Thus, the defendant C who lent his name to the defendant D is jointly and severally liable to pay the plaintiff the above obligation with the defendant D.
In this regard, Defendant C argued to the effect that he should be exempted from liability because Defendant C promised to fulfill his responsibility, but such agreement is merely an internal agreement of the Defendants and cannot be asserted against the Plaintiff. Therefore, Defendant C’s above assertion cannot be accepted.
C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 39,654,100 won and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from March 23, 2018 to January 22, 2019, the last delivery date of a copy of the instant complaint, and from the next day to the day of full payment (15% per annum from May 31, 2019, and 12% per annum from the next day) under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Conclusion, the Plaintiff’s claim against the Defendants is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.