Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 29, 2015, the Defendant completed the registration of business in the name of the Defendant as to the livestock product distribution and sales business of the trade name “C”.
B. The Plaintiff supplied the instant livestock products to the Plaintiff from April 1, 2016 to August 31, 2016, and the amount of goods not paid to the Plaintiff is KRW 159,017,324.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the defendant is obligated to pay the outstanding amount of KRW 159,017,324 as the business owner of the above C, and even if the defendant is a person who lent only the above business name, the defendant is obligated to pay the outstanding amount as the nominal owner of the business.
On the other hand, the defendant asserts that upon the request of D, only lent the name of the actual business owner D to D, and that the plaintiff has no obligation to pay the outstanding amount because he was well aware of such circumstances.
B. The judgment 1 is as seen earlier as the Defendant was the owner of C’s business or the nominal owner on C’s business registration certificate, but comprehensively taking account of the Plaintiff’s statement Nos. 1 through 3 and the witness witness testimony, D continued to engage in the livestock industry by continuously operating the livestock industry of F, a mutual name, following the Plaintiff, a land processing and distribution company operated by the father. D, while substantially operating C, ordered the Plaintiff and other trading companies to pay for the goods or issue tax invoices. The Defendant received the payment of the goods or received the payment of KRW 2 million per month from D, and the Defendant and other trading companies filed a complaint against the Defendant and D on the suspicion of fraud, but D paid monthly wages to the Defendant, and also lent the money to the Defendant in the past.