beta
Text
1. Defendant C shall pay to the Plaintiff KRW 26,049,650 as well as 15% per annum from July 14, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On January 2016, the Defendants and D agreed to open and operate a public restaurant in Sungnam-si E building, 202 and 203 (hereinafter “instant store”).
(hereinafter referred to as the “instant trade agreement”). B
Defendant B had completed business registration at the instant store on November 20, 207 and opened and operated a restaurant business. On January 18, 2016, Defendant B changed the trade name from “F” to “G” for public restaurant business under the instant business agreement.
C. Upon Defendant C’s request on January 2016 to March 30, 2016, the Plaintiff supplied the said store with a total of KRW 26,049,650 (including value added tax) over several occasions, and the Plaintiff also purchased the said kitchen equipment, etc.
As to “G”’s business began from February 2016, Defendant C and D were operated from September 2016 to avoid any profit while operating the overall management of Defendant C and D, Defendant B discontinued around December 1, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4, Eul evidence 6 (including each number), witness I's testimony, the purport of the whole pleadings
2. Determination as to the Plaintiff’s claim against the Defendants
A. 1) The Plaintiff entered into a goods supply contract with the Defendants, and supplied the instant main equipment, etc. to the instant store, which is a mass restaurant operated by the Defendants as a business. As such, the Defendants jointly and severally are liable to pay the Plaintiff the price for the goods and the damages for delay thereof. (2) Defendant B and D invested KRW 20 million with the Plaintiff at the time of the instant Dong business agreement with Defendant B at the time of the instant Dong business agreement, in the amount of KRW 20 million and KRW 100 million with the lease deposit. Defendant C and D decided to purchase and invest the main equipment, etc. with their own money, and their management are D and C.