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1. The Defendants jointly and severally agreed to the Plaintiff KRW 78,473,290 and Defendant B with respect thereto from January 30, 2016, and Defendant C with respect thereto.
Reasons
The basic fact is that the plaintiff operates a seller among the wholesale markets of fishery products in the name of "F" in Jeju City E.
Defendant C operates the frequency of “H” in Gunsan City, where the business operator is registered under Defendant B’s name.
The Plaintiff supplied fishery products, etc. to H with the introduction of I residing in the Si of Gun from around 2015, but did not receive KRW 78,473,290 out of the amount of goods supplied to H until June 19, 2015.
The details of the Plaintiff’s delivery of goods to H and receipt of a partial payment are confirmed to have been deposited in Defendant B’s name.
Upon the Plaintiff’s request for the payment of the goods, Defendant C prepared a letter of payment stating that KRW 78,473,290 shall be paid in installments of KRW 30,00,000 by September 30, 2015 and KRW 48,473,290 by October 30, 2015. Defendant D signed and sealed as a guarantor.
[Ground of recognition] In the absence of dispute, Gap evidence No. 1, and the result of the fact-finding conducted by the director of the military tax office of this court, according to the above-finding facts as to the plaintiff's assertion as to the ground of claim as to the whole purport of the pleading, the defendants are jointly and severally liable to pay the price for the goods which
Defendant B’s assertion argues that the transaction with the Plaintiff was made by Defendant C, and that himself was not aware of the transaction relationship with the Plaintiff, and that he did not have an obligation to pay the price for the goods.
However, in the Gunsan City where H is located, G is registered as the business entity of Defendant B, and the details that the Plaintiff supplied the goods and received some payments are confirmed to have deposited the goods in the name of the Defendant B. In light of these facts, it is reasonable to view Defendant B to operate the goods together with Defendant C.
Therefore, Defendant B is jointly and severally liable to pay the price for the above goods.