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1. The Defendant’s KRW 23,427,050 as well as 6% per annum from September 1, 2016 to December 1, 2016 to the Plaintiff.
Reasons
1. The assertion;
A. The Plaintiff’s assertion 1) The Plaintiff processed and sold pigs-ro 566, Dasan-ro, Dasan-ro (joint markets for old livestock products), and the Defendant is a person who operates a restaurant in the name of “C” in Daegu Suwon-gu B. (2) The Plaintiff traded Defendant and pigs-ro until August 23, 2016, and the credit payment up to the time of the transaction was KRW 23,427,050.
However, the defendant did not pay the above credit amount.
Therefore, the Defendant is obligated to pay to the Plaintiff 23,427,050 won with 6% interest per annum under the Commercial Act from September 1, 2016 to December 1, 2016, which is the delivery date of a copy of the complaint (an application for payment order) of this case, and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
B. Defendant’s assertion 1) The Defendant did not operate the “C” restaurant. However, Nonparty D’s finding the Defendant around early 2016 and Nonparty E paid 170 million won a sum of the premium and deposit for the “C” restaurant, and leased 30 million won to Nonparty E, thereby incurring all the obligations incurred in operating the said restaurant, and paid 200 million won by June 2016. Furthermore, the said D requested the Defendant to obtain registration and business license under the name of the Defendant, and the said D intended to transfer the business license, etc. in his/her name if he/she fully repaid his/her obligations to the Defendant.
Accordingly, on February 25, 2016, the defendant entered into a lease agreement with the non-party F on the above "C" restaurant building, and completed business registration and business report on March 8, 2016.
3) On September 29, 2016, the Defendant filed a claim against D for the provisional injunction against entry. (4) The Plaintiff was paid 4 million won, which is part of the price of the instant goods.
5 The plaintiff did not have received or delivered the defendant, and the above D paid part of the price for the goods to the plaintiff, and received the goods.