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1. The Defendants are jointly and severally and severally liable for KRW 7,700,000, and 5% per annum from August 1, 2014 to October 26, 2016.
Reasons
1. Facts of recognition;
A. Defendant C was engaged in food material sales business under the trade name “E” in Gwangju City, Gwangju. Around August 2010, Defendant C transferred the above E’s business license to Defendant B, one of his own Dong offices, and on March 1, 2013, entered into a contract for business takeover with Defendant B and received the said business license again.
B. Notwithstanding the Defendants’ business transfer, the Plaintiff operating a restaurant with the trade name of “F” continued to engage in the business of supplying food materials with “E”.
C. During the period from September 28, 2012 to May 22, 2014, the Plaintiff paid 50,500,000 won, mainly from transaction with E, as indicated in the attached Table of “Transfer Details”, to the bank account in the name of Defendant B (on January 14, 2014, KRW 1,500,000, and KRW 1,000,000 on May 22, 2014) and around June 24, 2014, the Plaintiff received a memorandum from Defendant B, stating that the amount of goods exceeds the payment, and then Defendant B paid KRW 7,70,000,000 from the supply of goods to F until July 2014.”
Defendant C filed an application against the Plaintiff for a payment order against the Plaintiff for the amount of unpaid goods from March 2012 to June 2014, and according to the Plaintiff’s objection, the said court rendered a ruling dismissing the Plaintiff’s claim on February 12, 2015 on the ground that the Plaintiff repaid the amount of goods to Defendant C. On April 20, 2016, the appeal filed by Defendant C was dismissed (U.S. District Court 2015Na13109) and the judgment of the first instance became final and conclusive.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3, Gap's evidence 6 through 8 (including branch numbers), the purport of whole pleadings
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion is that the Plaintiff was supplied with goods equivalent to KRW 35,864,30 from E during the period from August 29, 2012 to June 21, 2014.