손해배상청구
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a company established for the purpose of manufacturing, selling, and exporting and importing wireless communications, broadcasting, and application devices.
B. Defendant A is the representative director of the C Co., Ltd. (C Co., Ltd.; hereinafter “C”) located in New York State of the United States.
Defendant B is the spouse of Defendant A.
C. On March 21, 2008, the Plaintiff and C entered into a contract for the supply of goods to C (hereinafter “instant contract”).
The Plaintiff supplied goods to C from April 2008 to October 2010, and C paid only part of the goods price to the Plaintiff.
E. On August 13, 2010, the Plaintiff and C drafted the title “C Agreement” (hereinafter “instant agreement”).
The instant agreement contains a remittance plan, etc. from August 2010 to December 2010 for the unpaid amount of goods.
F. At the bottom of the instant agreement, the Defendant A stated “C Company A’s representative director,” and the Defendant A signed the “D’s English name” above.
[Basis] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, Gap evidence 4-1, 2, Gap evidence 5-1, 2, Gap evidence 6, Eul evidence 10, Eul evidence 10, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The primary claimant supplied C with goods equivalent to USD 4,635,096 in the U.S. currency (hereinafter omitted), and C paid USD 3,018,675 to the Plaintiff as the price for goods.
Therefore, C shall pay to the Plaintiff the amount of KRW 1,616,421 for the remainder of the goods ($ 4,635,096 - USD 3,018,675) at the time of the contract.
C is in the form of a legal entity, but in substance, the Defendants are individuals of the Defendants behind the legal entity, and thus, the Defendants are jointly and severally with C to the Plaintiff.