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1. The Defendant’s KRW 35,502,350 as well as 6% per annum from April 2, 2019 to January 14, 2020, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is operating a wholesale and retail business of live fish and shellfish with the trade name of “C”.
The defendant is operating a restaurant with the trade name of "D" (hereinafter referred to as "instant restaurant").
Meanwhile, the Defendant independently operated the instant restaurant from September 25, 2012 to May 2015, 2015, and married with E, and operated the instant restaurant along with E from June 2015 to February 2018. The Defendant is operating the instant restaurant by itself from March 2018 to May 2018.
E discontinued with the Defendant while operating a separate restaurant in the name of “F” before operating the restaurant of this case.
B. The Plaintiff supplied “F” operated by E with active fish and other fishery products from November 2, 2009 to July 20, 2012. The remaining outstanding amount as of July 20, 2012 remains 13,875,000 won.
C. From September 26, 2012 to October 28, 2012, the Plaintiff supplied fishery products, such as light fishing and domi, totaling KRW 7,437,00 to the instant restaurant operated by the Defendant.
(hereinafter “instant primary commodity transaction”). D.
Since then, the transaction between the Plaintiff and the Defendant was suspended. At the Defendant’s request for the transaction, the Plaintiff continued to supply fishery products, such as luminous and Domi, to the instant restaurant operated by the Defendant from October 26, 2013 to April 1, 2019 (hereinafter “instant secondary commodity transaction”); among the goods supplied during the said period, the outstanding amount remaining as of April 1, 2019 on the Plaintiff’s Customer Director is KRW 37,502,350.
[Ground for recognition] A without dispute, evidence Nos. 1 through 13, and evidence Nos. 7 are “D (2013)” in the first chapter, but compared with evidence No. 6, it appears to be the director of the Customer from March 20, 2014 to be the director of the Customer from March 20, 2014.
(It is confirmed that the same amount as the details of transactions from March 20, 2014, of evidence A 6, is written. It includes the numbers of evidence B 1 to 4, respectively.