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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 Plaintiff is a person who sells food, etc. in the trade name of “F”.
B. Defendant C, the mother of Defendant B, is a restaurant with the trade name of “G,” Defendant D is a restaurant with the trade name of “I,” and Defendant E is a person operating a restaurant with the trade name of “I,” in Seoul Special Metropolitan City, Gwanak-gu.
C. Defendant B is the actual operator of each of the above restaurants, and the Plaintiff supplied goods, such as food, to each of the above restaurants in accordance with Defendant B’s request and settlement commitment, and Defendant B paid the price of the goods to the Plaintiff.
The Plaintiff supplied the goods to the above “G” until July 23, 2015, and did not receive KRW 3,706,247 out of the price for the goods, and supplied the goods to the “I” located in the “I” located in Ansan-si, and did not receive KRW 4,53,540 out of the price for the goods. The Plaintiff supplied the goods to the “I” located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, by July 10, 2015, supplied KRW 1,887,895 out of the price for the goods.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 (Additional Number omitted), the purport of the whole pleadings
2. The assertion and judgment
A. According to the fact of recognition as above, Defendant B is obligated to pay to the Plaintiff 10,127,682 won (= KRW 3,706,247, 4,533,540, 1,887,895), which is the total sum of the balance of the goods supplied by the Plaintiff to each of the above restaurants, and damages for delay calculated at the rate of 15% per annum from February 6, 2016 to the day of full payment, as sought by the Plaintiff.
In addition, Defendant B and the Plaintiff jointly and severally share the above KRW 10,127,682, Defendant C and Defendant C share the balance of goods related to “G”, KRW 3,706,247, Defendant D’s balance of goods related to “I” located in H during Ansan-si, and KRW 4,53,540, Defendant E share the balance of goods related to “I” located in the Gwanak-gu, Seoul Special Metropolitan City.