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Defendant C’s KRW 59,323,00 and its amount are 15% per annum from May 18, 2019 to May 31, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a merchant who engages in the clothing wholesale business in the D market with the trade name “A”, and Defendant C is a merchant who engages in the clothes sales business at F stores with the trade name “E” and moves into H around July 2016 by the Seoul Yeongdeungpo-gu Seoul Metropolitan Government G stores (hereinafter “instant stores”) and engages in the clothing sales business with the trade name “E”.
B. On July 27, 2011, Defendant B was a lessee who purchased the instant store from Company I, a management and operation right of G stores, and entered into a consignment management agreement with Defendant C on June 15, 2016 to operate the instant store.
C. On July 6, 2016, Defendant B corrected “J”, the former trade name pertaining to the instant store, as “E”.
The Plaintiff had maintained the transactional relationship between Defendant B and F from May 23, 2015. The Plaintiff supplied clothing to Defendant B from May 23, 2015 to August 31, 2018, but did not receive the price in full, remaining KRW 59,323,00.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 12, Eul evidence Nos. 1 and 2, defendant C's newspaper result, the purport of the whole pleadings
2. According to the facts of the above recognition of the claim against Defendant C, Defendant C is obligated to pay to the Plaintiff the remainder of KRW 59,323,000 of the clothing payment and the amount at each ratio of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (referring to the delay rate stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, amended by Presidential Decree No. 29768, May 21, 2019) from May 18, 2019 to May 31, 2019, as the Plaintiff seeks, at the request of the Plaintiff.
3. Claim against the defendant B
A. The plaintiff, who lent the name of the business operator to the defendant C, misleads the defendant B as the true business operator.