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1. Defendant B’s KRW 10,981,300 as well as 5% per annum from May 14, 2019 to October 30, 2019 to the Plaintiff.
Reasons
1. As to the claim against Defendant B, the Plaintiff supplied the clothing original unit to Defendant B, which operates the clothing wholesale retail store under the trade name of “D (Gu E),” and as of June 8, 2018, the fact that the unpaid original unit payment obligation of Defendant B reaches KRW 10,981,300 does not conflict between the Plaintiff and the Defendant B.
Thus, Defendant B is obligated to pay to the Plaintiff 10,981,300 won of the total amount of the unpaid clothing and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from May 14, 2019 to October 30, 2019, the delivery date of the copy of the complaint in 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 date of full payment.
2. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion 1) The Plaintiff’s summary is F (Defendant C’s mother).
(2) Defendant C, a business operator registered in the name of “G” and operating the clothing wholesale store, has been supplied with the original part of the clothes during the supply of them. As of May 14, 2019, the obligation to pay the original part of the unpaid clothes amounted to KRW 30,245,700. Accordingly, Defendant C’s assertion against Defendant C is demanding payment of the original part of the unpaid clothes amount and damages for delay thereof. (2) Defendant C merely intended to perform duties, such as sales and accounting of clothing, at the store of “G” operated by F, and did not directly operate the said store. Therefore, the Plaintiff and the original part of the goods supply transaction have not been carried out.
Furthermore, it is difficult to believe that the details of original transactions and the amount of accrued original payments alleged by the Plaintiff to be supplied to F are not based on objective data.
B. The following circumstances, i.e., the Plaintiff’s mother, and 2. The F, the name holder of the business registration of “G”, are the Defendant C’s mother.