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 is a business operator who supplies food materials, etc. to restaurants with the trade name of “C,” and the Defendant registered the place of business with the head of Jongno-gu Seoul Metropolitan City E and the opening date of the business as of November 28, 201, and F was the Defendant’s partner, and substantially operated D (hereinafter “instant place of business”) with the first to fourth floor of the building in which the said place of business is located.

B. The Plaintiff supplied food materials to the instant business establishment by August 31, 2018, in the relationship with F, and received food materials from the KEB account (Account Number G) in the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 5, 6, 7, 9, 10 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 4 and 5, and the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is that the Defendant, as a business proprietor of the instant workplace, was actually supplied with food materials from the Plaintiff while operating the instant workplace with F. As such, the Defendant is obligated to pay the Plaintiff the remainder of food materials (27,098,700) and damages for delay thereof. Even if the Defendant is the nominal lender, the Defendant is liable to the Plaintiff as the nominal lender under the Commercial Act.

B. The summary of the Defendant’s assertion is that the instant workplace was operated by F in the name of the Defendant, and the Defendant was merely a nominal lender, and there was no actual transaction with the Plaintiff, nor was the Plaintiff involved in the operation of the instant workplace, and thus, the Defendant is not liable to the Defendant. Moreover, there is no room for the occurrence of the remainder of the food materials claimed by the Plaintiff, such as that the sum of KRW 69,80,000 from the account in the name of the Defendant used by F to August 2018 is deposited from May 2016 to the Plaintiff’s account.

3. The following circumstances, which are acknowledged based on the aforementioned facts and evidence Nos. 8, 2, 3, and 12, and the purport of the entire pleadings, are as follows: (i) evidence Nos. 8, 3, and 12.