1. The plaintiff's claim is dismissed.

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

1. On October 27, 2008, the Plaintiff asserted that the Plaintiff visited the place of business of D (hereinafter “instant company”) located in Busan Seo-gu, Busan (hereinafter “instant company”). At the time, the Defendant: (a) stated the name “E chief” to the Plaintiff; (b) said that the Plaintiff was the head of the instant company and the F was the head of the instant company; and (c) said that the Plaintiff was the head of the instant company.

Since the instant company was a small-scale company with five to six employees, the Plaintiff thought the head of the headquarters as a general manager, and referred the Defendant as a “president,” and the Defendant respondeded to that “e.g.,”

Accordingly, the Plaintiff had been engaged in a transaction with the said company without recognizing the Defendant as the president of the instant company. Around September 1, 2011, F, who visited the said factory again, had escaped with the outstanding amount of KRW 39,328,250. From July 1, 2011, the Defendant continued to operate the said company by lending the F’s business registration certificate under the name of F, and continued to operate the said company, and operated the business with the Plaintiff as E, by moving the factory to Busan Y on January 10, 2012. Around January 10, 2012, the Plaintiff closed the business on March 7, 2013 with the outstanding amount of KRW 39,648,800 including the outstanding amount.

Therefore, with respect to KRW 39,328,250, which is the first outstanding amount, the Defendant was obligated to pay the said amount as the liability for compensation for damages under Article 29 of the Commercial Act, since the Defendant had lent the name of F and transacted with the Plaintiff from July 201 to January 4, 2012, the Plaintiff transacted with the Plaintiff as the representative of the instant company, and the Defendant was obligated to pay the said amount as the liability for the nominal lender under Article 24 of the Commercial Act. Likewise, from January 10, 2012 to March 6, 2013, which was the actual owner of a new place of business, the Plaintiff thought the Defendant as the representative and entered the said goods in the trade book.

2. Comprehensively taking account of the purport of the entire pleadings in the written evidence Nos. 1 through 5, and No. 7, F is engaged in the manufacturing industry in Busan Y-gu, Busan Y, after registering its business with the trade name “D” on April 1, 2007.