1. The Defendant shall pay to the Plaintiff KRW 37,865,962 and the interest rate of KRW 20% per annum from December 20, 2014 to the day of full payment.

1. Occurrence of obligation to pay the price of alcoholic beverages;

A. In full view of the description of No. 1 and the purport of the entire pleadings, the following facts are recognized:

1) The Plaintiff is a company that engages in the imported alcoholic beverage wholesale business. 2) The Defendant is a business registration holder of the restaurant “C” located in Daegu Suwon-gu B (hereinafter “instant restaurant”).

3 The Plaintiff supplied alcoholic beverages to the restaurant of this case for the period from October 25, 2012 to November 11, 2014. The Plaintiff was not paid KRW 37,865,962 out of the liquor price.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 37,865,962 for alcoholic beverages and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 20, 2014 to the date of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the actual manager of the restaurant in this case is D as the defendant's children.

The defendant only lent the name of business registration to D, but did not run the restaurant of this case.

The Plaintiff had been engaged in a transaction of supplying alcoholic beverages to another restaurant that D had been actually operated since 2009 even before doing the instant restaurant transaction with D. Thus, even if the Defendant was aware that he was only the nominal lender of the business registration of the instant restaurant, or even if he was unaware of such fact, there was gross negligence on the part of the Plaintiff.

B. 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 with him as the owner of the business, by mistake of that person;

On the other hand, the liability of the nominal lender under Article 24 of the Commercial Act is to protect the third party who trades by misunderstanding the nominal owner as the business owner, and therefore, the other party to the transaction knew of the fact of the nominal name.