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. Determination as to the cause of claim

A. The fact of recognition is that the Plaintiff, as a person engaged in food material distribution business, supplied various food materials, etc. to D (hereinafter “D”) which is the age club located in Suwon-si, Suwon-si, from June 24, 2014 to July 31, 2014 (hereinafter “D”) (hereinafter “instant commodity transaction”), without receiving KRW 18,538,260 out of the price. The fact that D’s business registration was under the joint name of the Defendant and E does not conflict between the parties, or that it was under the joint name of the Defendant and E, can be acknowledged by comprehensively taking into account the overall purport of the pleadings, and no counter-proof exists otherwise.

B. 1) The plaintiff asserts that the defendant as the representative of the joint business place of D is obligated to pay KRW 9,269,130 of the price of the goods unpaid to the plaintiff as KRW 1/2 of the price of the goods unpaid to the plaintiff, and even if not, the plaintiff trades the defendant as the business owner of D. Thus, the defendant is obligated to pay KRW 9,269,130 to the plaintiff as the title holder under Article 24 of the Commercial Act. 2) The defendant asserted that he was obligated to pay KRW 9,269,130 to the plaintiff as the title holder under Article 24 of the Commercial Act.

Therefore, we cannot accept the Plaintiff’s assertion based on the premise that the Defendant is a party to the instant goods transaction.

3. However, he has to do so to another person.