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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Basic facts
A. The Plaintiff has supplied sports supplies to co-defendant A by April 3, 2015, who operates the clothing retail business under the trade name of “C”.
B. The Plaintiff supplied the goods as above and received a tax invoice or a transfer of the price for the goods in the name of the Defendant, a female employee of A, on several occasions at A’s request.
C. Since April 3, 2015, the Plaintiff was not paid the price of KRW 46,846,883 until now.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings
2. The plaintiff's primary assertion is that the defendant is a partner who jointly operates C with the South-North branch, and the defendant is liable to pay the price for the goods unpaid to the plaintiff as a party to a contract for goods supply.
Preliminaryly, even if the defendant lent only the name to A, he/she is liable to pay the amount of goods unpaid to the plaintiff as a nominal lender under Article 24 of the Commercial Act.
3. Determination
A. It is not sufficient to acknowledge that the defendant operated C with Gap as a partner of the company with Gap's main claim only with each of the statements of Gap's evidence Nos. 1 and 7 (including each number), and there is no other evidence to acknowledge it, and the plaintiff's assertion based on this premise is without merit without further review.
B. Article 24 of the Commercial Act provides that "a person who has permitted another person to engage in business using his/her name or trade name shall be jointly and severally liable to pay to a third party who trades his/her own name and trade name to the third party who misleads the third party as his/her business owner, and such liability of the nominal lender is to protect the third party who trades his/her name by misunderstanding the nominal owner as the business owner, and thus, the other party to the transaction shall not be held liable if he/she knew of the name lending or was grossly negligent.