1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On January 1, 2011, the Plaintiff entered into a contract with the Defendant to be supplied with newspapers and publications, such as “Central Daybook,” issued by the Plaintiff, and sell them, and pay the sales proceeds to the Plaintiff (hereinafter “instant newspaper sales contract”).

B. From January 1, 2011 to April 2015, the Plaintiff supplied newspapers and publications, such as “central daily newspaper,” to D pursuant to the instant newspaper sales contract, and did not receive KRW 9,379,260 out of the price.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant who is a party to the newspaper sales contract of this case is obligated to pay 9,379,260 won unpaid to the plaintiff.

As to this, the defendant, by lending the name to E, entered into the newspaper sales contract of this case in the name of the defendant, and practically operated D, and the plaintiff also knew of the name lending of the defendant, and therefore, the defendant asserts that he does not bear any contractual obligation.

B. Determination 1) Generally, who is a party to a contract constitutes a matter of interpretation of the intent of the party involved in the contract. Interpretation of an expression of intent clearly establishes the objective meaning that the party has given to the act of expressing the intent. In the event that a party prepares in writing a certain contract between the parties as a disposal document, it shall not be subject to the phrase used in the document, but it shall be reasonably interpreted from the objective meaning that the party gives to the act of expressing the intent according to the contents written (see Supreme Court Decisions 94Da5122, Jun. 30, 1995; 200Da27923, Oct. 6, 2000).