The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is a person operating a company called “C” in the business of manufacturing and installing transportation loading and unloading machinery, and the Defendant is a person engaging in the business of manufacturing metal engineer products in the trade name of “D.”

B. On March 2017, the Plaintiff agreed to perform the production and installation work of cretains at KRW 5,445,000, including E and value-added tax (hereinafter “instant construction contract”), and completed construction work around that time.

C. On March 4, 2017, the Plaintiff issued and delivered an electronic tax invoice in the form of supply value of KRW 4,950,000, and tax amount of KRW 495,000 on D operated by the Defendant, but did not receive the actual construction payment.

Meanwhile, the Plaintiff received the construction cost of KRW 9,500,000 on three occasions in transactions with E around 2016, the transfer of the instant construction contract, and the details of the account that received the construction cost are indicated as D.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant allowed E to conduct business by using his name or trade name. Thus, the defendant is obligated to pay the construction price and damages for delay under the instant construction contract to the plaintiff who trades the defendant's mistake as business owner in accordance with the name-holder's liability under Article 24 of the Commercial Act.

B. The defendant's assertion that the construction contract of this case is not the defendant E, and the defendant is not obligated to pay the construction price to the plaintiff.

3. Determination

(a) A person who permits another person to engage in business using his/her name or trade name shall be jointly and severally liable to pay to the third person who has transacted with him/her mistaken for the owner of the business;

(Article 24 of the Commercial Act).

Specific judgment defendant is that E permits the use of the trade name "D".

In addition, as seen earlier.