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. Facts of recognition;

A. On June 26, 2014, the Defendant entered into a contract with the Korea Transportation Corporation (hereinafter “Korea Transportation Corporation”) to entrust the management of the said store (hereinafter “instant store”) for a period from July 1, 2014 to 24 months (hereinafter “instant contract to operate the said store”).

B. The content of the instant contract for the collection store operation was to pay a transportation fee to the Defendant when the Defendant directly employs the delivery engineer and delivers the instant door-to-door, etc. within the responsible area (Seoul-dong, Busan-gu). Of the above transportation fee, the Defendant paid the delivery fee to the delivery engineer.

C. From November 1, 2014 to January 6, 2015, the Plaintiff rendered delivery services at the instant collection store. From November 201, 2014, the Plaintiff was not paid KRW 4,279,059 for delivery charges, KRW 4,698,945 for December 2, 2014, KRW 584,513 for delivery charges, KRW 9,562,517 for total KRW 8,290,103 for delivery charges.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, fact-finding inquiry and reply to this court's appeal, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff was not paid the delivery fee at the collection store of this case operated by the defendant. Thus, the defendant is liable to pay the delivery fee as the party who entered into a contract for delivery with the plaintiff, and even if the defendant lent his name to D, he is liable to pay the above delivery fee as the nominal lender under Article 24 of the Commercial Act.

B. The defendant lent his name to the defendant D and operated the instant store. Since the plaintiff was aware of the fact of the name lending, the defendant is not liable to the name lender.

3. Determination

A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the defendant operated the collection store of this case and concluded the delivery contract with the plaintiff. Thus, the defendant shall pay 8,290,103 won to the plaintiff, barring special circumstances.