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1. Defendant B’s KRW 159,44,50 for the Plaintiff and 6% per annum from June 2, 2017 to July 19, 2018.
Reasons
The plaintiff's assertion by the parties is a person who acts as a broker in the name of "F" in Tong Young-si. The defendants are family members (the defendant BC is the couple, the defendant D is the mother of the defendant B) with the trade name of "G."
The Defendants involved in the same business are jointly and severally liable to pay to the Plaintiff the amount of KRW 160,44,500,000, out of the unpaid amount of payment from November 24, 2010 to June 1, 2017. If the Defendant B is not a partner or an actual operator, the Defendant, who is the nominal owner of the GG business, is the nominal owner of the name, shall be liable for the remainder of the Defendants as the actual operator who borrowed the name.
The parties to the transaction to which the defendants' assertion was supplied with the digging by the plaintiff are defendant D.
Defendant B did not have any transaction with the Plaintiff, and Defendant C, as a family principal agent, only sent money upon Defendant D’s request by Defendant D, which is a starting machine, on several occasions.
Therefore, Defendant BC is not obligated to pay the Plaintiff the price for the goods unpaid.
Judgment
According to the purport of Gap evidence Nos. 1 through 4, Eul evidence Nos. 4, and Eul evidence Nos. 4, as to the cause of the claim, and the whole purport of the pleadings, while Defendant D engaged in wholesale and retail business with the trade name of "G", Defendant D was subject to surgery and hospitalized treatment on May 10, 2010, and as a result, discontinued “G” on December 31, 2010; Defendant B’s child reported to the relevant association on January 1, 201, the following day after Defendant D’s closure of business, and operated business after its business registration; Defendant B demanded the Plaintiff to issue a tax invoice in the future; at the time of the transaction, Defendant B used a new name plate.
According to the above facts, Defendant B, who is a member of Defendant D's health status, was responsible as a contracting party for the wholesale and retail business.