1. The Defendant shall pay to the Plaintiff KRW 59,441,061 and the interest rate of KRW 15% per annum from October 17, 2017 to the date of full payment.

1. Basic facts

A. The Plaintiff, a corporation that is engaged in the manufacture of synthetic resin, was registered in the name of the Defendant as a business entity, and supplied the Defendant with the aggregate amount of KRW 113,381,310,00, of packing materials made of synthetic resin from March 1, 2016 to March 16, 2017, with the knowledge of the Defendant as business owner.

B. However, only KRW 53,940,249 was paid as the price for the goods in the passbook in the name of the defendant, and the remaining KRW 59,441,061 ( KRW 113,381,310 - KRW 53,940,249) was not paid.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 59,441,061 payable to the Plaintiff and damages for delay calculated at the rate of 15% per annum from October 17, 2017 to the day following the day of complete payment, which is the day of delivery of a copy of the complaint of this case.

B. The defendant's assertion argues that the defendant merely lent the business name to C, it did not have any transaction with the plaintiff, and the plaintiff also knew of such fact that there is no obligation to pay the unpaid goods.

On the other hand, the liability of the nominal lender under Article 24 of the Commercial Act is to protect a third party who trades by misunderstanding the nominal owner as the business owner. Therefore, if the other party to the transaction knew of or was grossly negligent in making the fact of the nominal name, he/she shall not be liable. In this case, whether the other party to the transaction knew or was negligent in making the fact of the nominal name or not, the nominal lender

(see, e.g., Supreme Court Decision 2000Da10512, Apr. 13, 2001). Thus, there is no evidence to acknowledge that the plaintiff knew or was grossly negligent in finding the name lending of the defendant.