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. Facts of recognition;

A. The Plaintiff is a corporation that runs the business of selling agricultural products in the Seoul Sindong Agricultural and Agricultural Product Wholesale Market, and the Defendant is registered as a business entity of “C” located in Seo-gu Incheon Metropolitan City.

B. The Plaintiff from August 8, 2016 to the same year.

9. From December 12, 200 to the above “C”, Cheongmatop and sublime were supplied on credit. The amount to be attempted due to the supply of Cheongmatop and relime is KRW 7,663,00 as of September 12, 2016 (the total price of supplied goods - KRW 12,513,000 - the total amount of paid amount of KRW 4,850,000).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, witness D's testimony and purport of whole pleadings

2. (1) According to the determination as to the cause of the claim (i) barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7,663,00,00, calculated at the rate of 15% per annum from August 6, 2017 to the date of full payment, which the original copy of the instant payment order was served on the Defendant, as the day following the final supply date for the attempted amount of KRW 7,663,00 due to the supply of the Cheongbu, and the date following

(2) As to this, the Defendant asserts to the effect that the Plaintiff could not respond to the Plaintiff’s request, since the Plaintiff had practically operated the “C” at the time of supplying Cheongmuls, and the Defendant only lent only the business registration name to the “C” upon the Plaintiff’s request and did not know at all of the fact of supplying Cheongmuls in this case.

In case where the nominal owner permits another person to make a business registration under his/her own name, and the other party to a transaction also misleads the nominal owner as the business owner of the business and makes transactions, he/she shall be liable for the liability of the nominal owner under Article 24 of the Commercial Act.

In addition, 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.