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1. Defendant C and D jointly and severally with the Plaintiff KRW 73,300,000 and 5% per annum from August 1, 2013 to January 17, 2014.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. On July 4, 201, Defendant C and D, as a husband and wife, lent the name of Defendant B, who is his father and wife, and completed the business registration of the F cafeteria(hereinafter “F cafeteria”) located in both cities, and operated the instant cafeteria in substance from around that time.
Defendant C and D changed the business registration name of the instant restaurant from Defendant B to G (G) on May 17, 2012.
Defendant C and D entered into an agreement with the Plaintiff on May 8, 2012, when operating a Korean-style restaurant specializing in fireworks in the instant restaurant, and received from the Plaintiff the delivery of the female fireworks over several occasions from April 18, 2012 to October 25, 2012.
Until May 17, 2012, the name of the business operator of the instant restaurant changed from Defendant B to G was 50,38,000 won in total for the goods of freezing stores supplied by the Plaintiff from May 17, 2012, and the additional supply was made thereafter, and the total amount of goods as of September 11, 2012 was 13,693,000 won. Defendant C confirmed that on September 12, 2012, the remainder of the goods payment was 59,100,000 won for the Plaintiff from September 21, 2012 to September 25, 2012.
Afterwards, the additional delivery and reimbursement were made, and the defendant C confirmed that the balance of the goods payment was KRW 73,300,000 to the plaintiff on July 12, 2013.
【Ground for Recognition: Evidence Nos. 1 through 4, Evidence No. 6, Evidence No. 8, Evidence No. 1, and the purport of the whole pleadings】
B. (1) According to the above facts, Defendant C and D concluded a trade agreement on the supply of freezing fireworks between the Plaintiff as a substantial common proprietor of the instant restaurant, and did not pay KRW 73,300,000 of the final balance of the goods by receiving freezing fireworks from the Plaintiff. Thus, barring any special circumstance, the Plaintiff was the date of final supply after August 1, 2013.