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1. The Defendant shall pay to the Plaintiff KRW 24,428,580 and the interest rate of KRW 15% per annum from August 13, 2015 to the day of complete payment.
Reasons
1. The Plaintiff’s determination as to the cause of the claim is liable to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 13, 2015 to July 24, 2012, to C Hospital located in Namyang-si, the Defendant’s operation (hereinafter “instant hospital”) for the supply of patient food from August 24, 201 to July 24, 201, and for the failure to receive KRW 24,428,580 in total, without dispute between the parties, or by considering the overall purport of the pleadings as a whole. Thus, the Defendant is liable to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 13, 2015 to the day of full payment.
2. As to the judgment on the defendant's defense, the defendant operated the hospital of this case by D, the head of the actual administrative office, and the defendant was employed by D, and was not involved in the operation of the hospital of this case by lending only the name of the business operator of the hospital of this case. The plaintiff knew or was unaware of the name name of the defendant, and the plaintiff was grossly negligent, and therefore the defendant
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 own name or trade name to the owner of the business (Article 24 of the Commercial Act). However, since the liability of a nominal lender under Article 24 of the Commercial Act is to protect a third party who trades his/her name by misunderstanding the nominal holder as an employer, the other party to the transaction is not liable if he/she knew of or was gross negligence on the part of the other party to the transaction. As to whether the other party to the transaction knew of or was gross negligence on the part of the other party to the transaction, the nominal lender who has claimed exemption from liability bears the burden of proof.