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1. The Defendants jointly share KRW 62,246,750 to the Plaintiff, as well as the period from February 17, 2016 to July 15, 2016.
Reasons
1. Following the facts of recognition are as follows: (a) Defendant A led to confession between the Plaintiff and the Defendant pursuant to Article 150 of the Civil Procedure Act; and (b) between the Plaintiff and the Defendant B, there is no dispute between the said parties; or (c) the entire purport of the pleadings may be comprehensively considered.
The plaintiff is a corporation that aims at the brokerage and wholesale of fishery products in the Dong-si, Dong-si, 136 - 906 - 306.
B. Defendant A is a business registration holder of the trade name called “D” located in Chuncheon City C, and Defendant B is the husband of Defendant A.
C. By November 17, 2015, the Plaintiff supplied fishery products equivalent to KRW 62,516,750 to D, and the remaining goods price for the Plaintiff of D as of November 17, 2015 is KRW 62,246,750.
2. Judgment on the plaintiff's claim
A. According to the above facts of recognition as to Defendant A, Defendant A is obligated to pay 62,246,750 won for the remaining goods and damages for delay.
B. The Plaintiff asserts that, as the Defendant B jointly operated the “D” with Defendant A, the Plaintiff is jointly and severally liable to pay the remainder of the goods.
As to this, Defendant A independently operated “D”, Defendant A merely assisted the goods delivery work of “D” as Defendant A was unable to drive.
(2) Determination: (1) The fact that Defendant A’s husband is the Defendant’s husband is as seen earlier; (2) the Defendant B is the person responsible for the delivery of the goods of “D” due to the lack of the Defendant’s driver’s license; and (3) the Defendant B independently ordered the goods; and (4) the fact that the Defendant B delivered the Plaintiff a registration certificate of the right to one-eight percent of the shares in the name of Defendant B, among the 13,236 square meters in Seopo-si, Jeju Special Self-Governing Province in relation to the obligation to pay for the goods of “D”, which is his own ownership, to the Plaintiff.