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1. The Plaintiff:
A. Defendant B’s KRW 7,538,940 as well as 6% per annum from March 19, 2016 to June 14, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who engages in wholesale business of food materials under the trade name of “D.”
B. Defendant B operated a restaurant with the trade name of “E” (hereinafter “E”), and received food materials from the Plaintiff from the Plaintiff until August 21, 2015. The unpaid amount of goods is KRW 7,538,940.
C. Defendant C received food materials from the Plaintiff by February 5, 2015, while running a restaurant with the trade name of “F”, and the amount of goods unpaid until now is KRW 4,970,150.
【Defendant B’s ground for recognition: A without dispute, Gap evidence Nos. 1, 2, 3-1 through 4, 4-1, 2, 12, and 13-4, Eul evidence No. 1-1, 2-2, and 1-2, and the purport of the whole pleadings as a whole, defendant C: The judgment of deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
2. Determination as to Defendant B’s assertion
A. Defendant B’s assertion that the instant restaurant was operated from October 10, 2014 to January 19, 2015, and transferred the instant restaurant to G on January 20, 2015;
Therefore, Defendant B has no obligation to pay the cost of food materials supplied by G with respect to the instant restaurant after January 20, 2015.
B. As to the assertion that Defendant B transferred the instant restaurant’s business to G on January 20, 2015, it is insufficient to recognize the assertion that Defendant B transferred the instant restaurant’s business to G on the sole basis of the descriptions in subparagraphs A-1-2 and 1-2.
Rather, according to the statement in Gap evidence No. 13, it is recognized that defendant B did not transfer the business rights of the restaurant of this case to G on January 16, 2015, but merely leased the establishment and business rights of the restaurant of this case.
Therefore, Defendant B’s above assertion cannot be accepted.
3. Conclusion
A. Therefore, Defendant B’s KRW 7,538,940 for the amount of goods and KRW 6% per annum under the Commercial Act from March 19, 2016 until June 14, 2016, as sought by the Plaintiff, as the date of final transaction with respect to the Plaintiff.