1. Defendant B shall pay to the Plaintiff KRW 94,814,100 as well as 12% per annum from August 13, 2020 to the date of full payment.

Basic Facts

The Plaintiff, under the trade name of “E,” engaged in the static business, and Defendant B registered as the name “F” from August 6, 2009 to September 9, 2013; Defendant C, the trade name of “G” from October 10, 2013 to July 12, 2018; and Defendant D, the trade name of “H” from June 9, 2016 to December 31, 2018.

Defendant B reported marriage with Defendant C on September 2, 2013.

From January 21, 2016 to June 16, 2016, Defendant D subscribed to the health insurance as a workplace insured whose workplace covers “G” as its workplace.

[Grounds for recognition] A without dispute, Gap evidence Nos. 1 through 3, 7, Eul evidence Nos. 1, Eul evidence Nos. 2, Eul evidence Nos. 2, Eul evidence Nos. 2, and the purport of the whole pleadings as a whole, the plaintiff asserted that the plaintiff supplied rice, food miscellaneous products to defendant B from March 4, 201, and the unpaid amount of goods reaches KRW 94,814,100.

Defendant B closed the business of “F” while the transaction relationship with Plaintiff was continued, and Defendant C asked Defendant C to issue the tax invoice to “G” as the representative on the registration of the business. From February 1, 2018, Defendant D issued the tax invoice to “H” as the representative on the registration of the business.

Defendant C and D constitute a person who jointly operates an enterprise as his relatives with Defendant B, and thus, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 94,814,100 for the goods unpaid and the amount of delayed damages.

Judgment

Comprehensively taking account of the overall purport of evidence evidence Nos. 4 and 8, as to Defendant B’s claim, the Plaintiff supplied Defendant B with miscellaneous food, such as rice, from March 4, 2011 to June 13, 2018, and the amount of unpaid goods by Defendant B as of June 18, 2019 is recognized as constituting 94,814,100.

According to the above facts of recognition, Defendant B calculated the amount of KRW 94,814,100 for the above unpaid goods and the amount of KRW 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 13, 2020 to the date of full payment after the day of the copy of the complaint of this case.