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1. As to KRW 31,818,70, and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 31,818,70,000 from March 26, 2017 to November 16, 2018.
Reasons
1. Facts of recognition;
A. (1) The Defendant registered his/her business with the name of “E” in Yansi-gu, Jeonju-si, and operated an entertainment drinking club with her husband C. (2) The Plaintiff supplied alcoholic beverages, etc. to the Defendant’s entertainment drinking club from July 2015 to October 31, 2015, and was not paid KRW 1,818,700 out of the price by October 31, 2015.
B. A loan-related 1) The Defendant borrowed KRW 30,000,000 from June 3, 2015 to June 22, 2015 as funds for running an entertainment drinking club business from the Plaintiff. (2) On April 26, 2016, the Defendant borrowed KRW 30,000 from the Plaintiff as funds for running an entertainment drinking club business. (3) The Defendant: (a) the Defendant did not repay the said borrowed money; and (b) C, on April 26, 2016, made and issued a notarized deed of a monetary loan agreement with the purport that C shall make a monthly installment payment.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff 1,818,70 won for unpaid goods and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from November 1, 2015 to November 16, 2018, the delivery date of a copy of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. 2) The defendant asserts that the defendant is not the defendant. However, the defendant is not the actual operator of the entertainment drinking house, and there is no evidence to prove that the defendant operated the entertainment drinking house of this case with C at least, and that it operated independently.
Furthermore, even if the actual operator of the above entertainment tavern C, the defendant, who is the business owner, has permitted C to run a business using the defendant's name, and is jointly and severally liable with C to repay the liability for the liquor price of this case pursuant to Article 24 of the Commercial Act.