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1. On the Plaintiff (Counterclaim Defendant),
A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is KRW 27,942,250 and the Defendant-Counterclaim Plaintiff’s amount from December 5, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is running the gas sales business, and Defendant B is running the restaurant franchise business or restaurant business.
The Plaintiff has continuously supplied gas to restaurants operated by Defendant B or entered into a franchise agreement with Defendant B.
B. Each restaurant listed in the following table in the name of the restaurant is as follows: Defendant B received investments from other Defendants, and jointly operates the restaurant with which the operating funds are leased (Provided, That G, etc. regardless of other Defendants), and the name of the business operator is as the defendant indicated in the name of the business operator, and was supplied with gas from the Plaintiff. The gas price not paid by each restaurant is the amount indicated in the column of “unpaid gas price.”
Defendant C 10,142,910, Defendant C 10, Defendant D9,182,410 J, Defendant E 4,450,520, and Defendant F 2,164,490, and 27,942,250, including G, etc., the sum of the amount of unpaid gas payments of 2,164,490, and 27,942, and 250/ [Grounds for Recognition] in the name of restaurant business title H, the fact that there is no dispute over the unpaid gas payments of the restaurant name C 10,142,910, the purport of each of
2. Determination:
A. According to the fact that the Defendants’ obligation to pay gas prices was recognized, Defendant B, as an independent or joint operator, is obligated to pay the Plaintiff a total of KRW 27,942,250 in accordance with a gas supply contract with the Plaintiff. The remainder of the Defendants are jointly and severally liable for payment to a third party who trades with the Plaintiff by mistake as a proprietor of his own name or trade name.
(A) Some of them are joint operators, who are jointly and severally with Defendant B, are jointly and severally liable to pay the amount indicated in the “unpaid gas price” column.
B. Defendant B, C, and E’s counterclaim or set-off defense (1) Defendant B, C, and E alleged that the Plaintiff would have paid KRW 3.25 million for each restaurant in return for the Plaintiff to acquire the gas supply right.