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Reasons
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(영문) 대구지방법원경주지원 2016.10.11 2016가단2102
물품대금
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1. The Plaintiff, Defendant B, Defendant C, and Defendant C, jointly and severally with Defendant B, KRW 26,588,00,000, respectively.

Reasons

1. Summary of the plaintiff's assertion

A. The Defendants, as married couple, were supplied with food equivalent to KRW 8,519,500 by the Plaintiff by August 10, 2015 while jointly operating “D,” and were supplied with food equivalent to KRW 18,068,50 by the Plaintiff by July 4, 2015 while jointly operating “E.”

B. On the other hand, on February 3, 2015, the Plaintiff loaned KRW 35,000,000 to the Defendants with the operating fund of “E” as of February 28, 2015.

C. Therefore, the Defendants shall jointly and severally pay to the Plaintiff the total amount of KRW 61,588,000 and delay damages.

2. Determination

A. As to the claim for the payment of goods, the Defendants jointly operated the “D” and the “E” store, and there is no dispute between the parties concerned as to the supply of goods from the Plaintiff. In full view of the respective descriptions and the entire purport of the pleadings as set forth in subparagraphs 2-1 and 2, the price for goods related to “D” is KRW 8,519,500, and the price for goods related to “E” is 18,068,500.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the total amount of KRW 26,58,00 (=8,519,500 won) and damages for delay.

B. In full view of the statement and the purport of evidence No. 1 as to the loan claim No. 1, the Plaintiff agreed to repay KRW 30,000,000 to the Plaintiff by February 28, 2015 as the Plaintiff entrusted the operation of “E” and lent operating funds to Defendant B, and the Plaintiff agreed to consult with each other in the course of operating “E” for KRW 40,000,000,000.

According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff KRW 30,000,000 and damages for delay.

However, in the case of KRW 5,00,000, the claim amount exceeding the above scope of recognition, the Plaintiff agreed to lend the above amount to Defendant B or to pay the above amount to Defendant B.

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