1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who engages in the wholesale and retail business of agricultural and fishery products with the trade name "D" in Songpa-gu Seoul, and the Defendant is a person who operates the Mart with the trade name "E" in Goyang-gu, Gyeyang-gu.

B. Around March 20, 2015, the Defendant concluded a lease agreement with Nonparty C on the above “E” amounting to KRW 12 months of lease term, monthly rent of KRW 1,000,000, and had C operate the above fishery products copier. Goods sold by the above fishery products copier were calculated in the calculation unit of the Defendant and settled the sales amount on a certain period basis.

C. Meanwhile, the Plaintiff from January 1, 2015 to the same year.

5. up to 15.15. Fishery products were supplied to C, and the price for the goods that the Plaintiff was not paid is KRW 11,142,00.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 3 to 5 and 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Defendant is the business owner of “E”, and C is the actual operator of “E”, and the Plaintiff supplied fishery products to “E” through “E” from January 1, 2015 to May 15, 2015. As such, the Defendant is jointly and severally liable with C to pay the Plaintiff the unpaid amount of KRW 11,142,00 and delay damages.

Even if it is not so, the Defendant permitted C to use the fishery products copon in the “E” under the name of “E” while leasing them to C. Thus, the Defendant constitutes a person who permitted C to use his name or trade name and thus, is liable to pay the unpaid amount of KRW 11,142,00 and damages for delay.

B. (1) First, as to whether the defendant is a party to trade with fishery products supplied by the plaintiff, the health team, the first priority evidence, and the pleading.