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(영문) 부산지방법원 2015.08.20 2014가합6179

물품대금 등

Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) 236,088,600 won against the Plaintiff (Counterclaim Defendant) and its amount from May 1, 2014.

Reasons

1. Determination on the main claim

A. Comprehensively taking account of the overall purport of the pleadings in each of the evidence Nos. 1 through 4 (including a serial number; hereinafter the same shall apply) against the Defendant Company, the Plaintiff discounted the Defendant Company’s first supply amount of KRW 99,710,270 on January 31, 2014, or KRW 99,710,270 on February 12, 2014, and the Plaintiff discounted KRW 11,00,000 on March 11, 2014;

Unless there are special circumstances, the Defendant Company is liable to pay to the Plaintiff the amount of KRW 236,08,60,000,000 for the amount of KRW 236,08,00,00,00 for the supply of new orders, and the amount of KRW 236,08,00,00 for the payment of KRW 80,00 on March 31, 2014.

B. The Plaintiff filed a claim against Defendant C, while operating the Defendant Company, expressed that Defendant C would be jointly liable with the Defendant Company for all obligations, such as obligations arising from the transaction of goods by the Defendant Company, and even if not, Defendant C is liable for all transactions by the Defendant Company, but in substance, Defendant C was engaged in personal business, and Defendant C abused the corporate personality of the Defendant Company, and thus, Defendant C also bears the obligation to pay for the above goods.

According to the evidence Nos. 2 and 5, Defendant C’s personal business registration as of August 1, 2009, but completed the business registration again under the name of Defendant C on December 20, 2012; the site and building of Defendant C was owned by Defendant C; the Industrial Bank of Korea on September 17, 2009 at the time when it set up a right to collateral security at the Industrial Bank of Korea on September 17, 2009 regarding the site and building of Defendant C’s factory, factory machinery, etc.; on the other hand, Defendant C is the debtor at the time of setting a right to collateral security at the Busan Bank of Korea on November 29, 2013, while the debtor was deemed to be the Defendant Company, but the debtor at the time of setting up a right to collateral security amount of KRW 1,200,000,000 for the maximum debt amount as to the goods transaction of Defendant C’s company.