The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport.

In fact, the Plaintiff is a company that runs the wholesale and retail business of automobile parts. The Defendant is a person who registered his/her business with respect to the “D Motor Vehicle Industrial Complex” located in the Governor of Jeollabuk-do, Jeollabuk-do (hereinafter “instant Motor Vehicle Industrial Complex”).

On January 25, 2014, between E and E, the Defendant concluded a lease contract with the term of lease from February 1, 2014 to June 30, 2016, the deposit amount of KRW 25,000,000, down payment and monthly rent of KRW 2,50,000, and the Defendant permitted E to use the name of the instant automobile industrial agent.

The Plaintiff supplied motor vehicle parts from December 2, 2015 to January 28, 2016 at the request of E using the name of the instant motor vehicle industry operator, and the price for the goods not paid (hereinafter “the price for the instant goods”) is KRW 4,704,476.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1, 2, 4, and Eul evidence Nos. 1, and Eul evidence Nos. 1, 1, 2, and 1, as a whole, according to the above facts finding, the defendant permitted Eul to run a business using the name of the automobile industry company of this case, which is one's own trade name, and barring special circumstances, the defendant is obligated to pay the plaintiff the price of this case 4,704,476 won and delay

The defendant argues that the defendant does not bear the responsibility of the nominal lender because he had gross negligence on the part of the plaintiff's knowledge of the name lending or about the fact that he knew of the name lending.

Judgment

The liability of the nominal lender under Article 24 of the Commercial Act is to protect a third party who trades by misunderstanding the nominal titleholder as the business owner, and thus, the other party to the transaction shall not be held liable if he/she knew of the fact of the nominal name or

At this time, the other party to the transaction knew or knew the name lending.