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1. The Defendants are jointly and severally liable to the Plaintiff for 22,53,914 won and 6% per annum from September 1, 2015 to November 17, 2016.
Reasons
1. The allegations and judgment of the parties
A. On August 7, 2015, the Plaintiff asserted that the Defendants jointly and severally liable for the attempted livestock products amounting to KRW 22,553,914, which were supplied to the “C” operated by the Defendants, and that the Defendants are the goods directly ordered by the Defendants B, and that the Defendant A is not liable.
B. In light of the following facts and circumstances, it is reasonable to view that Defendant A, a business entity, is the party to the order of goods, and thus, it is deemed that Defendant B is jointly and severally liable with Defendant B pursuant to Article 57 of the Commercial Act.
① On May 11, 2015, the Plaintiff supplied C with livestock products equivalent to KRW 21,600,000, and received the payment on May 29, 2015.
② On July 15, 2015, the Plaintiff supplied C with livestock products equivalent to KRW 4,140,000, and received the payment on July 30, 2015.
③ At the time of the Plaintiff’s transaction with C, Defendant B requested personal transaction, but the Plaintiff rejected the Plaintiff’s request for transaction with an individual without a business registration certificate.
④ The Plaintiff issued a tax invoice with “C” with respect to two or more transactions, and the Defendants did not raise any objection thereto.
⑤ On August 7, 2015, the Plaintiff delivered livestock products equivalent to KRW 22,553,914 as C freezing storage, as in the previous transaction.
C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 22,53,914, and to pay damages for delay calculated at the rate of 6% per annum under the Commercial Act from September 1, 2015 to September 1, 2015, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
2. For this reason, the remainder of the Plaintiff’s claim, excluding the Plaintiff’s delayed payment damages, is accepted in entirety and decided as per Disposition.