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1. Revocation of a judgment of the first instance;
2. The Defendant is from February 16, 2016 to KRW 12,158,250 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation engaged in the import, processing, manufacturing, and wholesale retail business of meat, and the Defendant is a personal entrepreneur who runs the food wholesale business in the name of “B”.
B. Upon entering into a branch contract with C, the Defendant allowed C to use the trade name “B” and allowed C to open an account under his/her name (CFD; hereinafter “instant account”) for only the said account.
C. On January 15, 2015, February 4, 2015, the Plaintiff supplied livestock products to B through C, and a tax invoice under the name of the Defendant was issued regarding the said transaction. D.
The plaintiff was paid only part of the total amount of livestock products supplied and did not receive the remainder of 12,158,250 won.
The payment partially paid has been paid five times, and four times in this case deposited from the account of this case to the Plaintiff’s account, and the last three million won deposited on June 24, 2015 was deposited in E’s name.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 4, 6, Eul evidence No. 1 (including additional numbers), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay 12,158,250 won directly to the parties to the transaction or the nominal lender under Article 24 of the Commercial Act and damages for delay at the rate of 15% per annum from February 16, 2016 to the day of full payment, as the Plaintiff seeks.
3. Judgment on the defendant's defense
A. The defendant entered into a branch contract with C, and only lent the name to C, and the plaintiff also knew of such fact or was negligent in gross negligence, and therefore, he/she is not liable for the nominal name holder.
(b) The provisions of Article 24 of the Commercial Act shall be applied to a third party who has permitted another person to carry on the business by using his name or trade name.