1. Of the judgment of the court of first instance, the Plaintiff against Defendant B, who falls under the amount ordering payment under paragraph (2) below.

1. The Defendants asserted that the Plaintiff’s assertion was operating a restaurant with mutual name “E” in Gwangju-si D, and did not pay KRW 10,204,00 out of the price of the goods, even though the Plaintiff was supplied food materials by credit transaction method from January 2016 to October 10, 2017 under the trade name “F”.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 10,204,000 won for the outstanding amount of goods and damages for delay.

2. Determination

A. The fact that Defendant C died on October 6, 2017, and the fact that the Plaintiff filed the instant lawsuit on December 2, 2017 is apparent in the record. As such, the Plaintiff’s lawsuit against Defendant C is unlawful as against the deceased person.

B. According to the evidence No. 1 to No. 5 of the Claim No. 1 against Defendant B, it is recognized that the Plaintiff, who runs a food sales business, supplied food materials to Defendant B, who runs a restaurant business from January 2, 2016 to September 6, 2017, but the Defendant did not pay KRW 10,110,000 for the goods.

However, it is not sufficient to recognize the excess scope only with the descriptions of Gap evidence Nos. 1, 2, and 3, and there is no other evidence to acknowledge it.

Therefore, Defendant B is obligated to pay to the Plaintiff the amount of KRW 10,110,00 for the goods unpaid to the Plaintiff as well as 15% interest per annum under the Commercial Act from April 8, 2018 following the delivery day of the complaint of this case until April 12, 2019, which is the date of the final judgment of the competent court, and the amount of money calculated at the rate of 6% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. Thus, the plaintiff's lawsuit against the defendant C shall be dismissed as illegal. The plaintiff's claim against the defendant B shall be accepted within the scope of the above recognition, and the remaining claim shall be dismissed as it has no ground.

Of the judgment of the first instance, part of the judgment against Defendant B, which differs in conclusion.