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1. The Defendant shall pay to the Plaintiff KRW 70,559,00 and the interest rate of KRW 15% per annum from September 13, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. From around July 2010 to October 2014, C operated an internal retail store with the name of E, F, and G lending the name of E, F, and H (the trade name in the business registration certificate is “I”) in sequence from the Seo-gu 1st of Gwangju, Gwangju. From July 25, 2014 to March 2015, C operated an internal retail store with the name of H lending the name of K from July 25, 2014 to March 2015.
B. The Defendant, from March 2015, operates an internal retail store under the same name as “H” (the trade name in the business registration certificate is “I”) at the same place as the said K retail store operated under the said K’s name.
C. From April 27, 2010 to January 30, 2015, the Plaintiff supplied an gale and gale to “H” operated by C, and even if so, did not receive KRW 70,559,000 out of the price of supply.
(hereinafter referred to as “price for the instant goods”). 【The fact that there is no dispute, and there is no ground for recognition, Gap’s evidence Nos. 2 through 11, 19 through 24, Eul’s evidence No. 1, and the purport of the whole pleadings.
2. Determination
A. The gist of the Plaintiff’s assertion 1) The Defendant, as a real operator of H or a joint operator operated with C, is obligated to pay the Plaintiff the price of the instant goods. (2) Even if the Defendant was not the operator of H, the Defendant acquires the H’s business and continues to use its trade name. Therefore, the Defendant is liable to pay the price of the said goods in accordance with Article 42(1) of the Commercial Act.
B. The following facts are acknowledged: (a) the existence of the obligation to pay the price for the instant goods does not conflict between the parties; or (b) the overall purport of the pleadings is added to the evidence adopted earlier and the statements in Gap evidence Nos. 12 through 18, 27, 28, and 29. C covers a considerable amount of tax from around August 31, 199 (2 billion won as of August 31, 2014).
For this reason, opticians could not operate their businesses under their own name, and accordingly, operate the H on the basis of E, etc.