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1. The Defendant’s KRW 402,00,000 as well as 20% per annum from December 27, 2014 to September 30, 2015 to the Plaintiff, and the following.
Reasons
1. Basic facts
A. The Plaintiff is the manufacturing and wholesale retail company of the main equipment, and the Defendant was the representative director of B Co., Ltd. (hereinafter “B”) operating the wedding business on November 18, 2013, but began to operate a mutual wedding hall called “D” located in Dong-gu, Nam-gu, Seoul (hereinafter “instant wedding hall”) from around that time after completing business registration under his/her own name, and then resigned from B’s representative director on February 12, 2014.
B. On August 28, 2013, the Plaintiff prepared a contract for the manufacture of a kitchen in the name of B with the Defendant, which left in blank the main contents of the contract, such as the details of supply, and the price. At the Defendant’s request, the Plaintiff supplied and installed the kitchen equipment at the instant wedding hall from around that time to March 2014.
C. Upon the Defendant’s request, the Plaintiff issued a tax invoice of KRW 120 million against B on March 3, 2014, and KRW 550 million against the Defendant on November 24, 2014 (excluding each value-added tax); on November 20, 2014, the Defendant confirmed on November 20, 2014 that the outstanding amount of KRW 12 million “B” to the Plaintiff (total goods price of KRW 132 million, deposit of KRW 120 million, deposit of KRW 120 million, and KRW 410 million, E, and KRW 400,000,000,000 (total goods price of KRW 65 million, deposit of KRW 195 million, and KRW 200,000,000,000).
On December 12, 2014, based on the tax invoice as of March 3, 2014, the Plaintiff applied for a payment order against B, which was issued on December 22, 2014, with the Seoul Northern District Court 2014 tea6935, and issued a payment order on December 22, 2014. The said payment order became final and conclusive on January 14, 2015.
[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 4; Eul evidence Nos. 1 and 3; Eul evidence Nos. 2-1 and 2; witness F’s testimony; witness G’s partial testimony; and the purport of the whole pleadings
2. Judgment on the issue
A. In full view of the facts established by the parties to the contract and the purport of the entire pleadings from the evidence held earlier, the Plaintiff is called B.