물품대금
1. The Defendant shall pay to the Plaintiff KRW 49,817,560 as well as 12% per annum from July 9, 2019 to the day of complete payment.
1. Facts of recognition;
A. The Plaintiff is a person engaged in cutting and processing business under the trade name of “C”, “D” is a business entity registered as “other than facility maintenance and repair”, “Defendant Company B” is a general construction business, facilities maintenance and repair business, etc., and a corporation incorporated as a business entity.
The Plaintiff supplied “D” and the Defendant with each other from the beginning of 2015 to the end of 2017, and received the price for the goods. As of the date of closing argument, the price for the goods not paid in transactions with “D” is KRW 49,817,560.
B. On November 1, 2016, the Defendant completed the registration of incorporation, May 22, 2017, and “D” was closed on July 31, 2017 immediately after the completion of business registration.
The actual operator of “D” was supplied with goods from the Plaintiff even before the closure of the business, and after the closure of the business, the Plaintiff traded with the Plaintiff in the name of the Defendant, and the Plaintiff continued to engage in goods transactions with the same person without knowledge of the circumstances in which “D” was closed. After the closure of the business, “D” was closed, the price of the goods of “D” was paid several times to the Plaintiff in the name of the Defendant.
The above E traded with the Plaintiff is referred to as F registered as the representative of D and G registered as the representative of the defendant, and the defendant seems to have been actually operated by E.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including paper numbers), the purport of the whole pleadings
2. The plaintiff asserts that the amount of goods supplied by the plaintiff remains 49,817,560 won for which "D" has not been paid. The defendant asserts that the defendant has no reason to pay the amount of goods supplied by "D" because the defendant has already paid the price of goods supplied by the plaintiff and the "D" are separate enterprises.
3. According to the above facts of recognition, the defendant only differs from D's legal personality.