1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff, under the trade name of “D”, operates wholesale and retail business, such as food materials, and the Defendant jointly operated a restaurant with the co-Defendant C of the first instance trial, “E” registered as a business entity by the Defendant.

B. From July 25, 2016 to September 27, 2016, the Plaintiff supplied food materials, etc. to “E” on credit.

C. The Defendant and C agreed to terminate the partnership business around August 20, 2016.

The Plaintiff’s price for goods not paid by “E” around September 27, 2016 is KRW 2,802,500.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, testimony of witness F of the first instance court, purport of whole pleadings

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the defendant is jointly and severally liable with C to pay to the plaintiff the amount of goods supplied from July 25, 2016 to August 20, 2016, as joint business operators, pursuant to Article 57(1) of the Commercial Act; as to the supply of goods from August 20, 2016 to September 27, 2016, as the nominal owner, the amount of unpaid goods KRW 2,802,50, and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of a copy of the complaint of this case, as sought by the plaintiff after the date of the supply of goods.

3. Judgment on the defendant's assertion

A. The Defendant, around August 20, 2016, terminated the partnership with C, and the Plaintiff knows that the Defendant and C operate a separate workplace after the completion of the partnership with C. Thus, it is unreasonable to claim the Defendant for the amount of goods supplied by the Plaintiff to C.

A person who has allowed another person to carry on business by using his name or trade name shall be jointly and severally liable to the third person who has transacted with him as the proprietor of the business (Article 24 of the Commercial Act) and the liability of the nominal lender as stipulated in Article 24 of the Commercial Act.