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(영문) 서울서부지방법원 2016.06.24 2016나30740
물품대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiffs are those operating food materials suppliers, and the “G” companies are the Plaintiff C alone, and the “H” companies are the Plaintiff B independently, and the “I” companies are the companies jointly operated by the Plaintiffs.

On the other hand, the Defendants jointly operate the daily house with the trade name of “J”.

B. The Defendants received food materials of KRW 239,830,00 in total from Plaintiff C’s G from October 31, 2010 to June 30, 2014, and received food materials of KRW 224,27,00 in total from Plaintiff B’s H from December 31, 2010 to June 30, 2013, and received food materials of KRW 25,823,90 in total from Plaintiffs’ operation from October 31, 2014 to October 31, 2014.

C. As above, the Defendants received food materials of KRW 489,930,990 from the Plaintiffs and paid only KRW 397,51,70, among them, the unpaid food materials amounted to KRW 92,419,290 remaining. The unpaid amount due to the Plaintiffs’ shares by each company is KRW 46,302,064, Plaintiff B43,529,486, Plaintiff A, and D, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. According to the facts found in the judgment on the cause of the claim, the Defendants, as joint business operators, are jointly and severally obligated to pay the Plaintiff C the unpaid food material cost of KRW 46,302,064, KRW 43,529,486, KRW 1,293,870, KRW 1,293,870, the unpaid food material cost of KRW 1,293,870, and each of the above amounts, as requested by the Plaintiffs, from November 1, 2014 to June 19, 2015, the delivery date of the complaint in this case, to KRW 5% per annum under the Civil Act, and from the next day to September 30, 2015, KRW 15% per annum from the next day to the day of complete payment.

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