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1. Of the judgment of the first instance, the part against Defendant B and the following amount exceeding the amount ordered to be paid.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by the respective entries in Gap evidence Nos. 1, 3, and 4 and Eul evidence No. 5 (including the branch numbers, if not specially indicated; hereinafter the same shall apply) and the purport of the whole pleadings, and there is no counter-proof.
The plaintiff is a dentist who opened and operated the "D Hospital" in Daegu (at present, its trade name was changed to H Hospital).
Defendant B is the wife of Defendant C, and is registered as the owner of the franchise agency operated by Defendant C.
Defendant C is a person who, while working as a member of the E’s business, had Defendant B as the business owner and thereafter had Defendant B as the business owner, set up a franchis agent with I and F, and engages in the franchis sales business.
B. Around June 2006, the Plaintiff entered into a contract for the connection with E with the amount of KRW 30,000,000 (hereinafter “the supply contract for year 2006”) and was supplied through the Defendant C, which was the business employee of E. C. Around June 2007, the Plaintiff entered into a contract for the connection with I, who was the business agent of C well-dyingd Co., Ltd. (hereinafter “the supply contract for year 2007”), and paid the said contract amount to I in advance.
Around April 2008, the Plaintiff entered into a contract for the supply of sets with F, a business agent of Cowal registry (hereinafter “2008 supply contract”) with F, the contract amount of KRW 30,000,000,000, and paid the said contract amount to F, in advance. On February 2, 2009, the Plaintiff entered into a contract for the supply of sets with F, a business agent of Cowal registry (hereinafter “the supply contract of KRW 50,000,000”) and paid the said contract amount to F, as advance payment.
From April 2010, the Plaintiff entered into a contract for the supply of sets with the Nibatech Co., Ltd. from the 2010 to the Kibatech, and received the sets from them.