2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff, a company engaged in manufacturing and wholesale sales of building materials, supplied building materials, etc. to D Co., Ltd. (hereinafter “D”), and owned an outstanding claim amounting to KRW 92,938,000 as of April 30, 2019.

B. Defendant B operates a mail order sales business with the trade name of “E” as the representative director and “E,” and Defendant C operates a mail order sales business with the trade name of “F” as an internal director and “F.”

C. D closed on April 30, 2019 and no particular property exists.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers, if any; hereinafter the same shall apply), response to an order to submit tax information, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is as follows: (a) as the Plaintiff supplied the Defendants with building materials, etc. and owned the outstanding amount claims; (b) the Plaintiff exercised the outstanding amount claims against the Defendants in subrogation of D in order to preserve the outstanding amount claims against D.

Therefore, the Defendants are obligated to pay the Plaintiff KRW 40 million each as part of the outstanding amounts of D.

3. Determination and conclusion

A. According to the above facts, the Plaintiff holds the outstanding claim amounting to KRW 92,938,00 against D, and D is insolvent. Thus, the Plaintiff may exercise the claim by subrogation against D against the Defendants.

B. (1) Furthermore, there is no evidence to acknowledge that D has the outstanding amount receivable against Defendant B.

(2) Next, it is recognized that D has the outstanding claim against Defendant C; Defendant C has been supplied with goods equivalent to KRW 238,705,500 from D from February 12, 2019 to April 10, 2019.

On the other hand, however, according to the evidence Nos. 1 B, Defendant C is recognized to have paid the above amount in full. Thus, Defendant C's claim against Defendant C was paid in full.

C. Therefore, the Plaintiff’s Defendants presumed that D had the outstanding claim against the Defendants.