1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From June 14, 2011 to October 13, 2011, the Plaintiff sold fish (hereinafter “instant goods”) to Nonparty C, who was engaged in the wholesale and retail business of fish, etc., with the trade name D, such as fish, etc. 40,480,000 won, a gasa, and a difficult dispute.

B. On June 14, 201, the Defendant remitted KRW 5,775,000 out of the price of the instant goods to the Plaintiff via the fisheries cooperative account (Account Number: E) under the name of the Defendant. Accordingly, the Defendant left KRW 34,705,000.

C. On February 14, 2013, the Plaintiff filed an application with the Gwangju District Court for the payment order to pay the unpaid goods price with the Busan District Court 2013 tea164. On February 14, 2013, the said court ordered the Plaintiff to pay KRW 34,705,000 for the instant goods price and delay damages therefor, and the said payment order was finalized around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence No. 2 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) C is liable to pay KRW 34,705,00,00 to the Plaintiff who did not know of the fact, jointly with C pursuant to Article 42 of the Commercial Act, after making business registration under the name of F, one of his mother’s own mother’s name, and actually engaged in all businesses, and the Defendant accepted this.

B. 1) Article 24 of the Commercial Act provides that "a person who has permitted another person to run a business using his name or trade name shall be jointly and severally liable to pay to the third person who has transacted his business as the owner of the business." In order to recognize the liability of the nominal lender under the above provision, the name or trade name of the nominal lender must be used by the other person. 2) First of all, whether C has used the name or trade name of the defendant in this case.