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1. The judgment of the court of first instance is modified as follows.
Defendant B, as well as Defendant B’s KRW 5,710,954 on April 6, 2016.
Reasons
1. Basic facts
A. The Defendants are those who registered as joint operators with respect to the instant restaurant located in Mapo-gu Seoul Metropolitan Government “D” (hereinafter “D”) and operated the said restaurant; and the Plaintiff, as food materials distributors, supplied food materials to the instant restaurant from around 2014 to February 2016.
B. The Plaintiff, each month, settled accounts for food materials supplied to the instant restaurant, and thereafter traded credit after one month. The Plaintiff was fully paid for food materials for the period of April 2015, but was not reimbursed KRW 5,710,954, out of the food materials cost generated from May 2015 to February 2016.
C. On the other hand, on July 31, 2015, Defendant A terminated the business partnership with Defendant B, withdrawn from the business of the instant restaurant and reported withdrawal from the joint business on August 31, 2015, and Defendant B subsequently changed the trade name of the instant restaurant to “E” and operated the instant restaurant solely.
[Ground of Recognition] Unstrifed Facts, Gap evidence 1, 2, 3, Eul evidence 3 and 4
2. The parties' assertion
A. The Defendants asserting that the Plaintiff’s assertion is jointly and severally liable to pay 5,710,954 won for unrepaid food materials incurred from May 8, 2015 to February 19, 2016 as joint operators or nominal holders of the instant restaurant, and damages for delay thereof.
However, since the plaintiff is seeking only the principal of the food materials that have not been paid due to the purport of appeal against the defendant A, the damages for delay against the defendant A shall be deemed not to have been claimed.
B. The Defendants’ common assertion 1) From January 15, 2015 to June 30, 2015, the Defendants entrusted Nonparty F with the operation of the instant restaurant, and in substance, the Defendant was not liable to pay the food materials cost incurred during the said period. (ii) Defendant A’s assertion was limited to 10% of the shares in the instant restaurant, and withdrawn from the instant restaurant business from July 31, 2015.