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1. The Defendant’s KRW 39,794,620 for the Plaintiff and KRW 15% per annum from January 10, 2019 to May 31, 2019.
Reasons
1. Basic facts
A. 1) The Plaintiff is a person who engages in wholesale and retail business, such as food and vegetables, in Asan City. 2) On October 22, 2013, the Defendant leased from D the first floor of the building located in Asan City E from D to KRW 100 million, and on December 3, 2013, the Plaintiff completed a general restaurant business registration in the name of “F” with the location of the above commercial building as the location of “F” and changed the trade name from April 10, 2017 to “G.”
B. The Plaintiff’s supply of food materials 1) From April 21, 2017 to April 21, 2017, the Defendant’s “G” restaurant (hereinafter “instant restaurant”).
(2) The Plaintiff supplied food materials by November 22, 2018, on the basis of the commencement of supplying nine kinds of food, other than the side of the side, to the restaurant of this case (hereinafter “instant food materials cost”) is KRW 39,794,620 in total.
【Ground for recognition】 Each entry of evidence Nos. 1, 2, and 1 and 2 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff alleged that the defendant operated the restaurant of this case for H and Dong, or made the appearance that misleads the plaintiff as the owner of the restaurant of this case by leasing the business registration name of the restaurant of this case. Thus, the defendant is liable to pay the food material price of this case.
B. The facts of recognition 1) Defendant, I, and H decided that, around 2013, at Asan City, the business owner of the instant restaurant will be the Defendant and run as a partnership business. Accordingly, the Defendant entered into a commercial building lease agreement as described in 1. A. and completed the business registration under the name of the Defendant. 2) However, before commencing the instant restaurant as a partnership business, the Defendant, I, and H, after consultation, operate the instant restaurant under their own responsibility, where H is registered under the name of the Defendant, and the Defendant and I lend funds to H, and interest accrued therefrom.