명의대여자의 책임에 관한 판례 연구

A Study of the Recent Case for Liability of the Person Who has Lent His Name in Section 24 of Korean Commercial Code

Under the Korean Commercial Code Section 24, a person, who has allowed another person to carry on business using his name or trade name, shall be liable jointly and severally with such other person to effect performance in respect of any obligation arising from a transaction in favor of a third person who has effected such transaction in the belief that such other person was the proprietor of the business. Since this Section is basically and theoretically based on the principle of estoppel there are some different academic views in interpretation of this Section about the character of merchants, the nature of transaction between the lender and the borrower of the names, permission of using lender's name, the third party's misconception for the lender's identity and so forth. This Article examine the above mentioned academic views through the recent Korean Supreme Court's Decision