물품대금
1. The Defendant shall pay to the Plaintiff KRW 62,067,50 and the interest rate of KRW 15% per annum from January 16, 2018 to the day of complete payment.
1. Basic facts
A. As of December 14, 2017, Plaintiff Co., Ltd. (hereinafter referred to as “B”) supplies surface plates to B Co., Ltd. (hereinafter referred to as “B”) from January 2015 to May 2016, Plaintiff Co., Ltd. and there remains the balance of KRW 62,067,500 as of December 14, 2017.
B. On June 26, 2017, C, the representative director of B, transferred the company to D in-house directors of B in-house, and on the same day, B changed the trade name of the Defendant Company and D was appointed as the representative director.
【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 9 (including virtual numbers) and the purport of the whole pleading
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant company is obligated to pay the remaining amount of KRW 62,067,500 for the above goods to the plaintiff company, unless there are special circumstances.
B. The Defendant Company asserted that, around June 26, 2017, C, the representative director of the Plaintiff Company, transferred the company to D as of June 26, 2017, and the former obligation, such as the balance of goods, against the Plaintiff Company, is entirely responsible for C. The Defendant Company’s claim against the Defendant Company was erroneous that C should make the claim against the Plaintiff Company.
Therefore, comprehensively taking account of the overall purport of the arguments in the statement in the Health Team, Nos. 1, 2, and 3, the overall purport of the arguments is as follows. However, even if the former representative director transfers the management right of the company to another person by transferring the entire shares, it is merely a change in the shareholder’s composition, which is a member, and it does not lose the identity of the corporate entity of the company, even if there was an agreement between the transferor and transferee on the disposal of the previous obligations, it does not exempt the company from the previous obligations even if there was an agreement on the disposal of the previous obligations.
other than this.