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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. The parties' assertion
A. The gist of the Plaintiff’s assertion was that the Plaintiff, from August 7, 2015 to October 16, 2015, supplied the Defendant with domestic alcoholic beverages equivalent to KRW 4,187,00, and imported alcoholic beverages equivalent to KRW 4,222,360 from July 10, 2015 to October 1, 2015, respectively. The Defendant is obligated to pay to the Plaintiff for the total amount of KRW 8,409,360 (= KRW 4,187,000) and damages for delay.
B. The summary of the defendant's assertion is not that the defendant agreed to be supplied with alcoholic beverages from the plaintiff.
In addition, since the plaintiff did not submit a certificate of acceptance of goods, it is difficult to know about the amount of unpaid alcoholic beverages.
2. Determination
(a) A person who has permitted another person to run a business using his/her name or trade name shall be jointly and severally liable to pay to a third party who trades his/her name in error as the owner of the business (Article 24 of the Commercial Act): Provided, That the liability of a nominal lender under Article 24 of the Commercial Act is to protect the third party who trades in error as the owner of the business, and therefore, he/she shall not be liable if the other party to the transaction knew of the nominal name or was grossly negligent for the other party to the transaction. As to whether the other party to the transaction knew of, or was grossly negligent for making,
(see, e.g., Supreme Court Decision 2006Da21330, Jan. 24, 2008). B.
In light of the above legal principles and the above, comprehensively taking account of the following: (a) the Plaintiff was a company established to operate a liquor wholesale and retail business; (b) the Defendant completed business registration and a report on sales of alcoholic beverages with the trade name of “D” and operated a camera; and (c) the Plaintiff’s attempted money for the “D” car page totaled KRW 8,409,360.