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1. The Defendants are jointly and severally liable to the Plaintiff for 6,452,758 won and 6% per annum under the Commercial Act from December 12, 2014 to March 30, 2016.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is a business operator engaged in heating and cooling equipment sales business, etc. in 1352 as of the Daegu-gu Seo-gu Franchisc, and the Defendants are a business operator engaged in home appliances sales business, etc. in the name of “D” in Daegu-gu C. 2) The Defendants used Defendant A’s bank account (CFE) even when they receive business fees, etc.
3) The Plaintiff supplied the Defendants with goods, such as presses, rubber straws, etc., and was not paid for KRW 15,065,320 by February 14, 2013. In addition, on March 6, 2013, the Plaintiff concluded a contract to supply heating and cooling equipment with the Defendants for the supply of heating and cooling equipment at KRW 14,70,000,000, and completed the heating and cooling supply to the 407 Simsi-dong 407 Simsi-dong, Gumsi-dong by March 20, 2013. [Grounds for recognition] The Plaintiff did not dispute, evidence Nos. 1 through 5, evidence Nos. 2, including the main number, and the purport of the entire pleadings.
B. According to the above facts, the Defendants, as merchants in the partnership relationship, are jointly and severally liable to pay the Plaintiff the total amount of the goods unpaid to the Plaintiff (=15,065,320 won +14,700,000 won +) and damages for delay from March 21, 2013 to the date of full payment, as sought by the Plaintiff, as well as from March 21, 2013.
However, there is no evidence to acknowledge that the business registration of “D” is the name of Defendant A, and that the transaction passbook is also the account under the name of Defendant A, and that Defendant A is only the nominal lender.
3. In addition, even if Defendant A is not a nominal lender, there is no difference in that it is jointly and severally liable with Defendant B for the payment of the price for the goods to the Plaintiff pursuant to Article 24 of the Commercial Act.