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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts (1) From 2008 to June 2012, the Plaintiff supplied alcoholic beverages to “C” (the name of business registration: the Defendant) located in Jongno-gu Seoul Metropolitan Government.
(2) The amount of alcoholic beverages that the Plaintiff had not supplied and received as above is KRW 6,040,000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. For the following reasons, the Defendant is obligated to pay to the Plaintiff the amount of KRW 6,040,000 for alcoholic beverages and the delay damages therefor.
(1) The Defendant actually operated “C”.
(2) Even if the Defendant did not actually operate the “C”, the Defendant lent its business registration name to a third party and traded the Defendant as the business owner of the “C”, and thus, the Defendant bears the responsibility of the nominal lender under Article 24 of the Commercial Act.
B. The Defendant alleged that he did not operate the “C”, and only lent its business registration name to D, and D repaid its liquor payment to the Plaintiff.
3. Determination
A. It is not sufficient to recognize the fact that the Defendant actually operated the “C” solely with the descriptions of Gap evidence Nos. 1 to 3, and Eul evidence No. 1, and there is no other evidence to acknowledge that the Defendant actually operated the “C”.
B. Whether the Defendant is liable for the nominal lender under Article 24 of the Commercial Act, and whether the nominal lender is liable for the repayment of liquor payment (1) Article 24 of the Commercial Act provides that “any person who has permitted another person to run his/her business using his/her name or trade name shall be jointly and severally liable to the third person who has transacted his/her business by misunderstanding himself/herself as the proprietor of the business, shall be jointly and severally liable with the other person.” Such liability of the nominal lender is aimed at protecting the third person who has transacted his/her nominal name by misunderstanding the nominal lender