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1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the money ordered to be paid below is revoked.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that: (a) from March 20, 2013 to October 16, 2014, the Plaintiff sold 67,650,000 won in total to Defendant B; (b) received KRW 46,860,000 in total as the clothing payment; (c) sold 14,300,000 in total to Defendant C from November 17, 2014 to January 15, 2015; and (d) received KRW 6,00,000 in total as the clothing payment.
(A) The Plaintiff stated that the Plaintiff received money from Defendant C from Defendant C until December 9, 2014, but this appears to be a clerical error from January 15, 2015). Therefore, Defendant B is liable to pay the Plaintiff KRW 20,790,00 (=67,650,000 - 46,860,000) on the basis of calculation; however, Defendant C is liable to pay the Plaintiff the amount of KRW 8,30,000 (=14,300,000 -6,000,000), and damages for delay.
B. The Defendants’ assertion 1) The “F” supplied with clothing from the Plaintiff (hereinafter “instant store”).
(2) Defendant C actually operated, and Defendant B merely lent the name of business registration on behalf of the mother who is bad credit standing, and did not participate in the operation of the store of this case. Since the Plaintiff was aware of, or was gross negligence, the above name of the Plaintiff, the Plaintiff was not aware of, or did not know by gross negligence, Defendant C does not have the obligation to pay the Plaintiff the amount of clothing for delivery, etc. unpaid. (2) On November 1, 2014, Defendant C received the entire human and physical organization related to the store of this case from Defendant B, thereby taking over the obligation to pay the Plaintiff the amount of clothes to the Plaintiff, and the Plaintiff implicitly consented thereto.
Therefore, the money paid by Defendant C as the price for clothes to the Plaintiff after the day of acquisition after the day of acquisition shall be appropriated for the obligation of the price for clothes of Defendant B that became due first, and the remaining money shall be appropriated for the obligation of the price for clothes of
In addition, the amount of clothes for industrial use remaining after the defendants paid additional amount is the plaintiff.