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1. The Defendant shall pay to the Plaintiff KRW 38,183,610 and the interest rate of KRW 15% per annum from January 19, 2017 to the date of complete payment.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to the descriptions in subparagraphs A through 3 of the basic facts, the Plaintiff supplied 40,243,610 won as “Defendant” between August 15, 2014 and January 20, 2015 to a company established for the purpose of manufacturing, processing, and selling ready-mixed, etc., and issued electronic tax invoices. At present, the Plaintiff recognized the fact that the outstanding amount reaches KRW 38,183,610.
2. The Plaintiff entered into a contract for the supply of ready-mixed with the Defendant, and supplied ready-mixeds equivalent to KRW 40,243,610 from August 15, 2014 to January 20, 2015, and asserted that the Defendant did not receive KRW 38,183,610 out of the price, and sought payment of the unpaid price and damages for delay.
However, the evidence presented by the Plaintiff alone is insufficient to recognize that the Plaintiff and the Defendant entered into a contract for the supply of ready-mixed with the Plaintiff’s assertion, and there is no other evidence to acknowledge this otherwise. Therefore, the above assertion
3. Determination as to the claim of the nominal lender’s liability
A. The plaintiff asserts that even if the defendant is not a party to the above contract, he is liable to pay the price for the goods to the plaintiff according to the name lender's liability provision under Article 24
B. Article 24 of the Commercial Act provides that a person who has allowed another person to run a business using his/her name or trade name shall be jointly and severally liable to pay to a third party who has transacted by misunderstanding that person as the proprietor of the business.
In full view of the above evidence and witness B and C’s testimony, around 2014, as a whole, B issued an order for ready-mixed with the Plaintiff while performing construction work after being awarded a contract for a new house construction work located D at Yongsan-si. However, B was in possession of the name of the Defendant’s “chief” with the Defendant’s permission, and the Plaintiff is ready-mixed with the Plaintiff.