매매대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff, with the trade name of “C”, operates the furniture wholesale business in “C,” and the Defendant, around November 9, 2005, operated the furniture retail business at the said place of business with the registration of the business as “C, Busan E, F, and trade name” and operating the said place of business.
(hereinafter referred to as "the above place of business operated by the Defendant" is the household store of this case (b).
On November 23, 2017, the Defendant entered into a lease agreement that leases H and the instant furniture points to H for a fixed period of KRW 10 million, monthly rent of KRW 2.2 million, and period of KRW 24 million, and delivered the said furniture points on December 1, 2017.
C. H, after receiving the above furniture points, was engaged in the household retail business from the instant furniture store to the lieutenantman on December 2018.
The Plaintiff issued a tax invoice for total of KRW 18,280,000 (including value-added tax) from January 31, 2018 to November 13, 2018 with the supplier as “Plaintiff” or “Defendant.”
E. The Plaintiff supplied the instant furniture store at H’s request. From January 30, 2018 to October 31, 2018, the Plaintiff received a total of KRW 10,480,000 from the account in the name of the Defendant, but did not receive the price of the goods equivalent to KRW 6,90,000 as of November 13, 2018.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, the purport of the whole pleadings and arguments
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion 1) The Defendant, as a party to the instant contract, concluded a household supply contract with the Plaintiff through H and provided the household from the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the amount of 6,900,000 won payable to the Plaintiff and the delay damages therefrom. 2) The Defendant granted H the name of its business operator, granted the right to prepare and receive the tax invoice, and paid a certain amount of fee in return for the provision of the passbook for deposit and the payment of a certain amount of fee. Therefore, the Defendant was the Plaintiff’s partner.