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(영문) 서울중앙지방법원 2014.01.29 2013가합824

물품대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 159,775,869 and the interest rate thereon from November 9, 2012 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s existing transaction relationship 1) is a company with the purpose of manufacturing construction materials and wholesale and retail business, which was originally traded with D, which was operated by Defendant B, the husband of Defendant B, and D was settled in default around 2009, and at the time, the Plaintiff was holding the outstanding claim amounting to approximately KRW 450 million and KRW 500,000,000 to D. 2) After which, around June 20, 2009, E, who was an employee of D, was established as a private business chain F, around June 20, 200, and around August 1, 2009, the name of F was changed in the name of G, the name of F was substantially operated by F, and C continued to pay its existing debt to the Plaintiff, and C requested the Plaintiff to continue to engage in the transaction with F from the time of its establishment to December 30, 209.

3) Meanwhile, Defendant A Co., Ltd. (hereinafter “Defendant Company”)

A) On December 24, 2009, the representative director was established on December 24, 2009 for the wholesale and retail business of construction materials, construction business, etc.; however, the representative director is G, but actually operated by the Defendant company as the representative C. B. The Plaintiff and the Defendant Company decided to issue a tax invoice for the supply of goods under the name of the Defendant Company from January 5, 2010 to November 8, 2012, and the Plaintiff supplied the Plaintiff’s construction materials to the Defendant Company from January 5, 2010 to November 5, 2012. The Plaintiff’s total sales amount for the Defendant Company was KRW 420,756,869 (including value-added tax) and the Plaintiff was paid KRW 260,94,00 among them by the Defendant Company.

① The Plaintiff and the Defendant Company: (a) No. 2 of the Construction Materials Supply Contract, dated January 5, 2010; (b) No. 1, 201.