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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the respective descriptions of evidence Nos. 1 through 3 as to the cause of the claim and the purport of the entire pleadings, the Plaintiff engaging in wholesale and retail business, etc. is acknowledged to have supplied goods equivalent to KRW 24,592,270 to the Defendant until August 6, 2015.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 24,592,270 as well as damages for delay at each rate of KRW 6% per annum under the Commercial Act from August 7, 2015 to April 8, 2016, which was served on the Defendant with the application for the payment order of this case, and KRW 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. The defendant's assertion and judgment
A. The Defendant’s assertion 1) originally concluded a franchise agreement with the Plaintiff regarding “D Daegu Store” and entered into a pre-contract with E, the Plaintiff’s representative, and the franchise agreement was concluded with E, the Plaintiff’s wife. However, according to the above contract, the franchisor was required to dispatch the Plaintiff and the cook to the franchise store for one month, and the employees actually dispatched were the Plaintiff’s employees, not F, but the Plaintiff and F. Therefore, the Plaintiff and F are the same business entity. Accordingly, the employees dispatched from the franchisor under the above franchise agreement intentionally ordered the excessive disposal of food materials, and destroyed half of the food materials by the Defendant due to the tort of the above employees, such as where the employees dispatched from the franchisor under the above franchise agreement intentionally ordered the excessive disposal of food materials, and thus, the Defendant sustained damages of KRW 13,450,875, which were delayed due to the circumstances on the part of the franchisor, and thus, the Defendant recommended the Plaintiff to additionally pay KRW 2,101,400,000,000,000 won,00 won to the Defendant.