1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On October 8, 2014, the Defendant opened a restaurant “D” (hereinafter “instant restaurant”) on the first floor of Ildong-dong, Busan-gu, Busan-si, and completed its business registration.

B. From November 8, 2014 to February 11, 2015, the Plaintiff supplied food materials equivalent to KRW 8,614,802 to the above restaurant, and received KRW 4,300,000 as the price for the supply.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the remainder of the goods price of 4,314,802 won (=8,614,802 won - 4,300,000 won) to the plaintiff as the operator of the restaurant of this case and damages for delay.

On November 6, 2014, the defendant, until November 6, 2014, operated the restaurant of this case, but thereafter, the defendant claimed that he actually operated the restaurant of this case, and that he lent only the name of the business operator to E during the above period.

According to the evidence Nos. 1 and 2, it is recognized that the Defendant reported the closure of business of the instant restaurant on April 3, 2015, and that E completed the business report with the trade name "F" on November 9, 2015 on the instant restaurant.

However, the above facts alone are insufficient to recognize that E, other than the defendant, actually operated the restaurant of this case from November 2014 to February 2015, and there is no other evidence to acknowledge it. Thus, the defendant's above assertion is without merit.

Therefore, the Defendant is obligated to pay to the Plaintiff 4,314,802 won and damages for delay calculated at each rate of 6% per annum under the Commercial Act from February 12, 2015 to February 12, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just.