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1. The Plaintiff:
A. Defendant 1, 2, and 3 are jointly and severally liable for KRW 30,431,00 and Defendant 1, and Defendant 2 from January 7, 2016.
Reasons
1. Facts of recognition;
A. (1) Defendant 1 was supplied with frozen food from November 7, 2013 to June 20, 2014, with the trade name of “H” from “H” (hereinafter “H”), and the goods price liability of KRW 30,431,00 remain.
(2) On December 10, 2014, Defendant 2 jointly and severally guaranteed Defendant 1’s debt owed to the Plaintiff.
(3) On July 4, 2014, Defendant 3 jointly and severally guaranteed Defendant 1’s obligation to purchase goods against the Plaintiff.
B. Defendant 2: (a) was supplied with frozen food from the Plaintiff on October 1, 2013 to May 13, 2014; and (b) had been supplied with fresh food by the Plaintiff under the trade name of K, K, and J (hereinafter referred to as “J”); and (c) had 15,000,550 won of the cost of goods.
C. From June 16, 2014, Defendant 3 transferred the above business to Defendant 4 on November 26, 2014, in the name of “L” in the name of “L” (hereinafter “L”) from June 16, 2014.
Defendant 4, while carrying on the business by deceiving the trade name of the above L, transferred the above business to Defendant 5 on March 11, 2015.
Defendant 5 also operated the business by deceiving the trade name of the above L.
(2) Defendant 3 received freezing food from the Plaintiff from June 30, 2014 to November 24, 2014, and had remaining KRW 89,953,400.
(3) Defendant 4 received freezing food from the Plaintiff from November 26, 2014 to March 9, 2015, and had remaining KRW 4,79,020.
(B) Defendant 1 and Defendant 2, on January 22, 2015, issued to the Plaintiff a written note of payment that Defendant 4 would jointly pay the outstanding amount to Defendant 4 for KRW 90,768,80 of the outstanding amount to Defendant 4, as well as KRW 8,983,620, out of the outstanding amount to Defendant 4, Defendant 5 paid the outstanding amount to Defendant 85,768,80. (4) Defendant 5 was supplied with freezing food from March 13, 2015 to December 14, 2015 and paid the outstanding amount to Defendant 4, but only KRW 8,983,620, out of the outstanding amount to Defendant 4, paid the outstanding amount to Defendant 85,768,800.