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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that his pro-friendly C filed an application for a payment order (U.S. District Court 2015 tea700) with the purport that “The Defendant and C jointly pay 37,896,685 won and delay damages therefrom” (U.S. District Court 2015 tea700), and C did not object to the payment order, and only the Defendant raised an objection and the lawsuit was pending.
The Defendant supplied various food materials from 2012 to August 2014 to E (hereinafter “instant restaurant”) operated in Seongbuk-gu, Sungnam-si (hereinafter “instant restaurant”), but did not receive the price of the goods in KRW 33,096,685.
이 사건 식당에 절단 쭈꾸미를 납품하였던 F의 요구에 따라 원고는 쭈꾸미 대금 채무를 보증하였고, C과 피고가 지급해야 할 쭈꾸미 대금 13,800,000원을 대신 지급하였다.
The Defendant was registered as a joint proprietor of C and joint business on the business registration certificate for the operation of the instant restaurant, and was a joint lessee of the building that had been the said restaurant.
그러므로 피고는 이 사건 식당의 동업자 또는 명의대여자로서 위 물품대금 및 쭈꾸미 대금 대지급금을 원고에게 지급할 의무가 있다.
2. The written evidence No. 10 of the judgment alone is insufficient to recognize that the defendant operated the instant restaurant as C and its partner. When comprehensively considering the purport of the entire pleadings in the testimony of the Korea Witness Order, the defendant provided funds necessary for opening the instant restaurant and did not participate in the operation of the said restaurant. Thus, the plaintiff's assertion that the defendant is liable to pay the price as its partner is without merit.
The Defendant provided the opening cost of the restaurant of this case, and the Defendant and C are co-Lessees under a lease agreement for the restaurant of this case, and the fact that the Defendant entered the business registration certificate opened for the operation of the restaurant of this case as joint business place may be recognized by the purport of the entries and the whole pleadings of the evidence Nos. 5 and 7.