1. Defendant B shall pay to the Plaintiff KRW 37,00,000 and the interest rate of KRW 15% per annum from June 5, 2018 to the date of full payment.

Facts of recognition

Defendant B, while working for Defendant C Co., Ltd. (hereinafter “Defendant C”), intended to borrow money from the Plaintiff in order to purchase land vehicles, and received KRW 35 million from the account in the name of the representative director D on January 4, 2016.

Since then, Defendant B failed to repay the above borrowed money, the Plaintiff was prepared with a certificate of borrowing that “Defendant B borrowed KRW 37 million from the Plaintiff as of December 2017,” which read that “The Plaintiff borrowed KRW 37 million from the Plaintiff.”

[Ground of recognition] According to the facts without dispute, Gap evidence Nos. 1, 2, 5, 6, and 7 (including additional number), and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 5, 2018 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff.

The Plaintiff asserted that Defendant C is jointly and severally liable with Defendant B, because, while being aware that Defendant C borrowed money from the Plaintiff for the purchase of the vehicle, the Plaintiff offered convenience in purchasing the vehicle by informing the representative director’s account, by informing the representative director of the borrowing of money from the Plaintiff.

As to this, Defendant C asserts that there is no contractual relationship with the Plaintiff as the purchase price of vehicles to be received from Defendant B, and that it cannot respond to the Plaintiff’s request.

Judgment

The liability of the nominal lender under Article 24 of the Commercial Act is to protect a third party who misleads the nominal lender as the other party with respect to the obligation incurred from the nominal borrower's transaction and the other party's transaction, and has trusted his/her credit and title, etc., and only on the basis of each statement of subparagraphs 3 and 4, Defendant C permits the use of his/her trade name to operate his/her business, or the Plaintiff misleads Defendant C as the business owner.