1. The Defendant shall pay to the Plaintiff KRW 63,43,776 and the interest rate of KRW 15% per annum from December 18, 2015 to the date of full payment.

1. Determination as to the cause of claim

(a) The facts subsequent to the facts of recognition may be found either in dispute between the parties or in each entry of Gap evidence Nos. 1, Eul evidence Nos. 3, 4, 6, and 7 (including the number with each number; hereinafter the same shall apply) plus the whole purport of the pleadings:

1) The Defendant is a doctor who operated the “D’s Council member” located in Dong Government as Nonparty B and Dong business. The Plaintiff is a pharmaceutical manufacturer that supplied the drugs to the above Council member from September 3, 2014 to January 14, 2015. (2) The Plaintiff supplied the drugs equivalent to KRW 86,43,776 (including value-added tax) in total to the above Council member, and received KRW 23,00,000 out of the pharmaceutical price from the above Council member.

3) The representative of D Council members was registered in the previous B and the Defendant as of December 1, 2014. (b) The nominal owner of the relevant legal doctrine entered into a partnership agreement with another person and allowed another person to operate the business in the name of the joint owner of the said business. In the event that the nominal owner of the said legal doctrine entered into a trade agreement with another person, leading the other party to the transaction to mistake the nominal owner as the joint owner of the said business, even if the nominal owner withdraws from the partnership relationship and changed the business registration under the sole name of another person, if the nominal owner misleads another person as being a joint business owner due to the failure to take measures such as informing the other party of the withdrawal from the partnership relationship, then the nominal owner is liable for the transactions made between another person and the other party to the transaction (see, e.g., Supreme Court Decision 2006Da2130, Jan. 24

Judgment

According to the above facts of recognition and legal principles, the Defendant is a joint proprietor of the above Council members from September 3, 2014 to November 30, 2014 when the Plaintiff was registered as a joint proprietor of the D Council members from around September 3, 2014, and from December 1, 2014 to January 14, 2015 when the Plaintiff finished transactions, the Plaintiff is the nominal proprietor of B under Article 24 of the Commercial Act, and the Plaintiff is the said member.