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. Facts of recognition;

A. The Plaintiff is a person who runs oil retail business under the trade name of “C”.

B. D has operated a construction machinery rental company under the name of “E” by borrowing the name of business operator from the Defendant.

C. From May 2016 to January 2017, the Plaintiff supplied D with oil borrowed from the Defendant’s name, and received the oil price by the end of the month following the relevant oil supply date, and the Plaintiff still remains 24,391,908 won from August 2016 to January 2017.

(hereinafter “instant oil price”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. The parties' assertion

A. The Defendant is liable to pay the remaining oil price as a party who entered into a oil supply contract with the Plaintiff, or is the nominal lender who had D operate the business by lending his own business name to D, and is liable to pay the amount equivalent to the above oil price.

B. The person who actually operated the Defendant “E” is D, and the Defendant merely lent the name to D, and thus does not have the obligation to pay the oil price to the Plaintiff.

In addition, the plaintiff knew that D is running the business by lending the name of the defendant, so the defendant is not liable for the name lender to the plaintiff.

3. Determination

A. A person who permitted another person to conduct business using his name or trade name in determining the cause of the claim shall be jointly and severally liable to pay the third party who trades his own business as the owner of the business (see Article 24 of the Commercial Act) to the third party (see Article 24 of the Commercial Act). According to the above facts of recognition, the defendant shall be jointly and severally liable to pay the oil price of this case to the Plaintiff as the nominal owner under Article 24 of the Commercial

B. The defendant's assertion is alleged to have been aware of the fact that the plaintiff knew of the name lending, and thus, it is stipulated in Article 24 of the Commercial Act.