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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts subsequent to the facts of recognition may be acknowledged by adding together the purpose of the entire pleadings to the entries in Gap evidence Nos. 1, 2, and 3.
The Plaintiff sells construction materials with the trade name of “C”.
B. The Defendant opened the business on February 4, 2013, with the name of “D” business for the purpose of construction business, and D, with the name of “D”.
C. From April 8, 2015 to April 5, 2016, the Plaintiff supplied D with construction materials equivalent to KRW 55,493,196 (including value-added tax).
The Plaintiff is a person who received reimbursement of KRW 12,844,470 from D.
2. According to the above facts of recognition as to the plaintiff's claim, the defendant, who is the name of business operator D, is obligated to pay the plaintiff the unpaid amount of 42,648,726 won (=5,493,196 won - 12,84,470 won) and damages for delay.
3. Judgment on the defendant's assertion
A. The defendant asserts that since the defendant lent the defendant's name so that he can make a business registration of D in the name of the defendant to E, he cannot respond to the plaintiff's claim.
B. The liability of the nominal name lender under Article 24 of the Commercial Act is to protect a third party who trades by misunderstanding the nominal name as the business owner. As such, if the other party to the transaction knew or was grossly negligent on the part of the other party to the transaction, he/she shall not be held liable. As such, whether the other party to the transaction knew or was negligent on the part of the other party to the transaction
(See Supreme Court Decision 2006Da21330 Decided January 24, 2008). The fact that the Defendant is a person who is a person who is registered as a business operator D is as seen earlier.
① The Plaintiff traded with E while supplying construction materials to E, ② issued the Plaintiff a business registration certificate under the name of the Defendant, ③ the Plaintiff claimed by issuing a tax invoice for the Defendant, the name of the business owner of D, and ④.