The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Determination on the cause of the claim

A. 1) The Plaintiff is a person who engages in trade and wholesale and retail trade in the name of “C”, and the Defendant is a person who operates a restaurant in the name of “D”. 2) The Plaintiff supplied foodstuffs to the Defendant by November 24, 2017, but did not receive KRW 4,767,800 out of the price of goods.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

B. According to the above facts, the defendant is obligated to pay 4,767,800 won for the unpaid goods and delay damages to the plaintiff, except in extenuating circumstances.

2. The defendant's argument as to the defendant's claim is that since the defendant's husband Eul, who is the defendant's husband, supplied goods to the plaintiff on credit, there is no evidence to acknowledge the above fact-finding, but even according to the defendant's argument, the person holding the claim against the plaintiff on the price of goods against the plaintiff is the defendant's husband E. In a separate lawsuit as to the price of goods between the plaintiff and E (Tgu District Court Decision 2018Da3080, Daegu District Court Decision 2019Na2276). The defendant's argument is not justified, since there is no dispute between the parties.

3. Accordingly, according to the theory of lawsuit, the Defendant’s statutory interest rate of KRW 4,767,80 for the goods unpaid to the Plaintiff as well as KRW 15% per annum under the provisions of Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019), Article 2(1) of the Addenda of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from December 21, 2018 to May 31, 2019; and the next day from the day to the day of full payment.