물품대금
1. The part of the judgment of the court of first instance against the defendant C shall be revoked, and the plaintiff's claim corresponding to the above part shall be revoked.
1. Determination as to the cause of claim
A. We examine the determination on the claim against the Defendant Company; the Plaintiff supplied the main household at the scene of the Ulsan-gu Construction Work for the Construction Work for the Construction of the New Commercial Building in Ulsan-gu, Seoul-gu, Inc. (hereinafter “Defendant Company”); on January 20, 2017, the Defendant Company promised to pay KRW 17,500,000 to the Plaintiff by February 25, 2017, and delivered each of the instant statements (hereinafter “each of the instant statements”) to the Plaintiff on the promise to pay KRW 17,50,000 for the main household until February 25, 2017, may be recognized by taking into account the parties’ evidence No. 1, No. 1, and the purport of the entire arguments and arguments set
Therefore, the Defendant Company is obligated to pay the Plaintiff the price of KRW 17,500,000 as well as damages for delay from the day following the above payment date to the day of full payment.
B. We examine the judgment on the claim against the defendant C, and the corporation and the individual are strictly divided as an independent trade entity with a separate legal personality, and according to the evidence No. 1, the facts that the representative director’s seal of the defendant company is affixed to each of the instant documents can be recognized, but the above facts alone, the goods supply contract was concluded between the plaintiff and the defendant C.
In addition, it is not sufficient to recognize that Defendant C has guaranteed the payment of the Plaintiff’s claim against the Defendant Company, and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiff's claim against the defendant C is without merit.
C. Accordingly, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 17,50,000 for the goods price of KRW 17,50,000 and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from February 26, 2017 to January 30, 2018, which is the date of the last service for the Defendants of the original copy of the payment order in this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment
2. The conclusion is that the plaintiff's company is the defendant.