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1. The Defendant’s KRW 66,00,000 as well as its annual 6% from March 1, 2019 to July 16, 2019 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. According to Article 24 of the Commercial Act, the name lender (a person who has permitted the business to use his/her own name) is jointly and severally liable to pay obligations owed by the name borrower in the course of his/her business transaction, to protect the interest of the transaction partner by misunderstanding the person who has lent his/her name as the principal agent of the business.
Furthermore, it is reasonable to view that a construction business licensee is also permitted to engage in subcontract transactions in the name of a person who lends a construction business license using the license, except in extenuating circumstances, since it is common to involve subcontract transactions according to the process. Therefore, a person who lends a license shall be held liable as a nominal lender even to a person who obtains a subcontract that
(See Supreme Court Decision 2008Da46555 Decided October 23, 2008, etc.). B.
D Co., Ltd. (hereinafter referred to as “D”) without a comprehensive construction license entered into an entrustment contract (No. 1) with the Defendant holding a comprehensive construction license on April 27, 2017 in order to execute the “E Multi-Family Housing Construction Project” (hereinafter referred to as the “instant construction”). The Defendant paid KRW 200,000,000 to D to enter into various goods supply and subcontracting in the Defendant’s name. Accordingly, D’s name and KRW 66,00,000 (the payment is to be made simultaneously with the issuance of the tax invoice on the date of delivery and execution) among the instant construction, and the Plaintiff entered into a contract for supply and construction of double-story materials among the instant construction works, and the Plaintiff’s implementation and issuance of the tax invoice around December 29, 2017 is not disputed between the parties, or the testimony and issuance of evidence No. 1, 200, as a whole, and the purport of evidence No. 1 and the witness evidence No. 1.2
C. Examining the above facts in light of the legal principles as seen earlier.