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1. The Defendants jointly pay to the Plaintiff KRW 69,771,00,00 and the interest rate thereon from August 25, 2017 to the date of full payment.
Reasons
Basic Facts
- The Defendants jointly operated the wedding hall (hereinafter “the instant wedding hall”) with the trade name “F” on the fourth and fifth floors of the Gangnam-gu Seoul E building, and changed the trade name of the instant wedding hall to “G”.
- With respect to the instant wedding hall, 50% shares are owned by Defendant B, 40% by Defendant C, and 10% by Defendant D.
- The Plaintiff supplied fishery products, etc. to the instant wedding by the end of 2016, but failed to receive KRW 69,771,000 out of the amount of goods supplied by the Plaintiff.
[Reasons] Defendant B: (a) Defendant C, and D: (b) are obligated to pay partnership obligations in accordance with the operation of the instant wedding hall, as Defendant C and D operated the instant wedding hall in accordance with the above facts, based on the following facts: (c) Defendant B and Article 150(3)3 (Service by Public Notice) of the Civil Procedure Act applicable to the claim for the amount of goods unpaid to be supplied to the instant wedding hall operated by the Defendants by the end of 2016 for the entire purport of pleadings; (c) Defendant B and C’s claim for determination of claims against Defendant B and C; and (d) Defendant B are obligated to pay the remainder of the Defendants with partnership obligations in proportion to the operation of the instant wedding hall; and (c) Defendant D jointly with the remainder of the Defendants for the payment of unpaid goods to the Plaintiff at the rate of 69,771,000 won and damages for delay calculated by the date of the final delivery of the complaint from 2015 to 205% of the following day after the date of the instant lawsuit.
As to this, Defendant D was the 10% share owner of the instant wedding, and was unable to obtain any profit while operating the instant wedding, and Defendant D was involved in the operation of the instant wedding at all times by taking full charge of the operation of the instant wedding hall.