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1. The Defendants jointly and severally liable to the Plaintiff KRW 29,062,840 and Defendant B with respect thereto from January 30, 2015 to September 1, 2015.
Reasons
1. Basic facts
A. On June 2010, the Defendants decided to operate a glass construction enterprise with the same business, and registered a business with the trade name “D” as a joint business proprietor as a joint business proprietor in the Dongdaemun-gu Seoul District Office around June 14, 2010.
B. The Plaintiff operated manufacturing and wholesale and retail businesses of glass and processed glass products with the trade name “E”, and supplied D glass products from June 2010 to January 29, 2015, and did not receive KRW 29,062,840 out of the price.
C. Around May 19, 2011, Defendant B filed a corrective report on the registration of business with the content that only Defendant B alone operates D in the Seodaemun Island.
[Judgment of the court below] The plaintiff and defendant B had no dispute: Evidence Nos. 1, 3, 2-1 through 9, 16, 16, 1, 2-1 of Evidence Nos. 4, 1 and 2 of Evidence Nos. 1, 3, 5, 1, 1 and 4, and the purport of the whole pleadings
2. According to the facts of the determination as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 29,062,840 of the unpaid goods and the amount of delay damages calculated by each of the rates prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from January 30, 2015 to September 1, 2015, which is obviously indicated as the delivery date of the instant complaint, from January 30, 2015, to September 1, 2015, 20% per annum from September 2, 2015, and from September 30, 2015 to September 30, 2015.
3. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion that Defendant C received favorable products from the Plaintiff while running the Defendant D with the Defendant B, and thus, Defendant C is jointly and severally liable to pay the unpaid goods. Even if Defendant C withdraws from the partnership with Defendant B and operated Defendant B, such circumstance was not notified to the Plaintiff. Therefore, Defendant C is jointly and severally liable to pay the unpaid goods to the Plaintiff pursuant to Article 24 of the Commercial Act.
B. (i) Defendant C is first the Plaintiff.