1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1, 2, 5, 6, 7, and Eul evidence Nos. 5 and Eul evidence Nos. 5 as to the cause of the claim, the plaintiff, who runs a wholesale and retail business of pharmaceutical products, supplied drugs to "D" (the registered business owner: Defendant B (the spouse of Defendant C), and the location of the place of business: Jeonsung-gun), which is a fish farm farm for the operation of the defendant C, from May 28, 2014 to April 30, 2016; the plaintiff was 6,037,00 won for the medical supplies not received from D by April 30, 2016; and the plaintiff was misunderstanding the defendants as joint business owner and transacted the products.

According to the above facts of recognition, Defendant C is a real business owner, and Defendant C is jointly and severally liable to pay to the Plaintiff the amount of KRW 6,037,000 as well as the amount calculated by applying the rate of 6% per annum under the Commercial Act from May 1, 2016 to September 5, 2016, which is the day following the final supply date, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defendants' assertion

A. Defendant B’s assertion 1) Defendant B merely lent the name of Defendant D’s business operator upon Defendant C’s request and the actual manager of D is Defendant C.

As the Plaintiff knew Defendant C as the actual business owner of Defendant C and supplied the medicine to Defendant C, Defendant B is not liable for the reimbursement of the medicine supply price.

B) There is no evidence to support the fact that the unpaid medicine supply amount is KRW 6,037,00,000. (2) The judgment allowed Defendant B to operate a business registration under the name of Defendant B after completing the business registration under Defendant B, and the Plaintiff was aware of the fact that the Plaintiff conspired Defendant B as a joint business owner and made the instant transaction earlier.

Therefore, Defendant B is jointly and severally liable with Defendant C to pay the price for the supply of medicines to the Plaintiff as the nominal lender.

On the other hand, the plaintiff was named the name of defendant B.