물품대금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. The plaintiff filed a claim for the payment of goods against the defendant and the defendant of the first instance court, and the first instance court rendered a judgment citing all of the plaintiff's claims.
As a result, only the defendant appealed against the whole part of the loss, the object of the judgment of this court is limited to the part of the plaintiff's claim for the payment of goods to the defendant.
2. Basic facts
A. The Plaintiff is a person who runs the wholesale and retail business of fishery products in the name of “F” in the Seo-gu, Seo-gu, Gwangju.
The Defendant, along with the Defendant of the first instance trial, was operating a restaurant in the name of “H” on the Seo-gu G and the first floor of Gwangju, Seo-gu.
B. On July 27, 2015, the Defendant: (a) registered a restaurant with the name of the Defendant of the first instance trial (business operator I), a joint business proprietor; and (b) registered a restaurant with the name of “H”; and (c) was omitted from the business operator’s name on the business registration certificate on August 23, 2017 on the ground of the termination of the joint business.
The business registration certificate of the trade name "H" issued on August 23, 2017 by the head of the Seo-gu District Tax Office is only registered as the business operator, and the defendant is not registered as the business operator.
[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1 and 2, each entry of evidence, and the result of the first instance court's order to submit tax information to the director of the mining center, the purport of the whole pleadings
3. Determination
A. The Plaintiff’s assertion has an outstanding claim amounting to KRW 4,737,00,00 by supplying goods to the Defendant and the Defendant C in the first instance trial on several occasions.
Therefore, the defendant is jointly and severally liable to pay 4,737,00 won and damages for delay to the plaintiff with the defendant C of the first instance.
B. As seen earlier, the Defendant, while operating a restaurant with the trade name “H” around July 27, 2015, was omitted from the business operator’s name on the business registration certificate on the ground of the joint business termination around August 23, 2017.
In addition, according to the statement of Gap evidence No. 2 (Transaction List), the plaintiff is registered as a business operator with the business registration certificate.