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1. The Defendant’s KRW 27,830,00 for the Plaintiff and KRW 20% per annum from September 23, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. The plaintiff operates the wholesale business, such as food, under the trade name of "C", and the defendant is the business owner of "E" located in Yeongdeungpo-gu Seoul Metropolitan Government 42.
B. From December 24, 2013 to April 16, 2014, the Plaintiff supplied the mate, etc. to “E” but did not receive KRW 27,830,000 out of the amount of goods.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. According to Article 24 of the Commercial Act regarding the cause of the claim, a person who permits another person to run a business using his/her name or trade name shall be jointly and severally liable with the third person who trades his/her name or trade name as the proprietor of the business.
With respect to this case, the defendant is a person who has permitted F, the husband, to conduct a business using his name, and it is reasonable to deem that the plaintiff, the business owner of the defendant, is mistaken for the business owner, and thus, the defendant is liable as the business owner under Article 24 of the Commercial Act.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 27,830,000 for the unpaid goods and damages for delay calculated at the rate of 20% per annum from September 23, 2015 to September 30, 2015 and 15% per annum from the next day to the day of full payment, as stipulated by the Special Act on the Promotion, etc. of Lawsuit, etc., which is the day following the delivery of a copy of the instant complaint sought by the Plaintiff.
The Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint, but the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended on September 25, 2015 and enforced on October 1, 2015, and accordingly, the damages for delay calculated at the rate of 15% per annum from October 1, 2015 to the day of full payment is recognized and exceeded.