The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Facts of recognition

A. The Plaintiff is a person who has completed business registration on April 19, 2010 and is engaged in the manufacturing business of machinery parts after completing business registration on April 19, 2010, and the Defendant is a person who runs the manufacturing business, such as industrial machinery, after completing business registration on March 5, 2009.

E is a person who engages in manufacturing business, such as machinery, in the trade name of “F”.

B. The Plaintiff traded machinery parts, etc. to E from November 2012. The trading statement prepared from around that time to January 16, 2014 is indicated as “F” by the ordering authority.

C. On January 13, 2014, the Plaintiff was issued a Defendant’s business registration certificate (trade name: D) by facsimile.

After that, on February 3, 2014, the statement of trading supplied under E’s order is written as “D (F)” by the ordering entity, and the statement of trading prepared after February 8, 2014 is written as “D” only by the ordering entity.

With respect to machinery parts supplied to E, the Plaintiff and the Defendant agreed to issue a tax invoice, and issued and processed a tax invoice of KRW 6,050,000 (the supply price shall be KRW 5,500,000) as of December 30, 2013, and a tax invoice of KRW 8,800,000 (the supply price shall be KRW 8,00,000) as of May 30, 2014, and the Defendant accounts normally.

E. On January 29, 2014, the Defendant transferred KRW 2,500,000 from the Defendant’s account to the Plaintiff, and KRW 2,500,000 from the Defendant’s account on May 14, 2014, respectively, to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s claim 1) [The Defendant claiming the nominal name holder’s liability allowed E to engage in a transaction under his/her own name by lending his/her business registration certificate and passbook, and according to the order of E, the Plaintiff believed E to be the Defendant’s employee and supplied the machinery parts.

The price of machinery parts that the plaintiff had not received until now is paid.