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Defendant B and D shall jointly and severally pay to the Plaintiff KRW 55,398,398, and 12% per annum from July 31, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a business entity that runs a wholesale business, such as overarche, with the trade name of “E”.
B. Defendant B and D are married, and Defendant C are children of Defendant B and D.
C. As of February 14, 2016, Defendant B registered wholesale and retail business under the trade name of “F”, Defendant D and C registered wholesale and retail business as of June 18, 2018.
[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2
2. The party's assertion and judgment
A. The Plaintiff alleged by the parties, arguing that the Defendants registered the business in F’ and “G” and operated wholesale and retail business together with the Defendants, and that the Plaintiff supplied the Defendants with wholesale and supplied KRW 5,398,398 in total to the Defendants from June 16, 2016 to March 26, 2018, the Plaintiff asserted that the Defendants did not receive the price of the goods at KRW 55,398,398, and that the Defendants jointly and severally paid the price of the goods.
On the other hand, the Defendants asserted that Defendant C and D do not have a duty to pay the outstanding amount because the Plaintiff’s claim for the outstanding amount occurred when Defendant B independently operated wholesale and retail business under the trade name “F.”
B. Determination 1) In full view of the statements in the evidence No. 8 and 9 of the claim against Defendant B and D, and the witness H’s testimony, Defendant B and D may recognize the fact that Defendant B and D had been supplied with goods such as fruit, etc. by the Plaintiff while operating wholesale and retail business under the name of Defendant B with the name of the Plaintiff around February 2016, with the business registration registered under the name of the Defendant B. As such, Defendant B and D jointly bear the obligation to pay for the goods unpaid to the Plaintiff. Defendant B and D bears the obligation to pay for the unpaid goods from June 16, 2016 to March 26, 2018, the unpaid amount of KRW 55,398,398, out of the amount of goods paid from June 16, 2016 to March 26, 2018, including any number of items indicated, or there is no dispute between the parties.