1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The plaintiff is a corporation that manufactures and sells agricultural machinery parts.

Defendant B and C engaged in the business of assembling and selling agricultural machinery parts with the trade name of “D” as a legal couple, and was supplied by the Plaintiff from 2007 to 2009.

On the other hand, on March 11, 2010, Defendant B and C registered as a business entity of Defendant A with permission from Defendant A, and the same year.

6. Around 29.29. Around 29.29, the name of the business entity was changed to E (Defendant B and C’s daughters).

[Grounds] Facts without dispute, the Plaintiff asserted by the parties to the judgment as to the grounds for a claim as to the purport of the entire pleadings from May 2007 to July 2009, supplied the Defendants with a total of KRW 356,66,913. The Defendants paid KRW 141,00,000 among them, and the remaining amount of goods reaches KRW 193,66,913.

Therefore, Defendant B and C are the parties to whom the above goods are supplied, and Defendant A is jointly and severally liable as the nominal owner in the registration of business.

Defendant A shall be held liable as a nominal name holder by Defendant A.

Even if the product price liability of this case was incurred before Defendant A lends his name, Defendant A is not liable for this.

In addition, the price of goods supplied by Defendant B and C is only KRW 128,483,00.

Judgment

The liability of the nominal lender under Article 24 of the Commercial Act is to protect a third party who trades the nominal nominal owner by misunderstanding that the nominal owner is the business owner, and the time when the Plaintiff supplied the goods of this case is at least one year prior to the time when Defendant A lends his name, and thus, the Plaintiff cannot be said to have transacted the business owner of this case as Defendant A.

Furthermore, it is insufficient to recognize that the supply value of the parts supplied by the Plaintiff to Defendant B and C is KRW 356,66,913 and that the remaining outstanding amounts are KRW 193,66,913 on the sole basis of the statement of evidence Nos. 2 and 4, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is without merit.