물품대금
1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2.(a)
Defendant D Co., Ltd., Ltd., and the Plaintiff A.
1. Judgment on the main claim
A. The summary of the Plaintiff’s assertion is both Defendant D Co., Ltd., Defendant E Co., Ltd., and Defendant F Co., Ltd. (hereinafter, in the case of a party to a contract, the name of the corporation is omitted) and are engaged in activities as a separate legal entity for the purpose of saving taxes and allocating debts to the same company that operates “G” brand chain.
Therefore, the defendants are jointly and severally liable to pay the price for each product to the plaintiffs, such as the primary purport of the claim.
B. The result of the order to submit each taxation information on Gap evidence Nos. 1-2, 3, and 4 and Gap evidence Nos. 2-4, 5, 6, and 2-4, 5, 6, and Mali Tax Office and Gangwon Tax Office is insufficient to recognize that the defendants' corporate form has been damaged and the same company is substantially identical, and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiffs' primary claims are without merit.
2. Determination on the conjunctive claim
A. Although Defendant D continued to supply the goods necessary for Defendant D’s business from the Plaintiffs, there is no dispute over the fact that Defendant D did not pay KRW 270,047,977 among the goods price, KRW 406,202,306, and KRW 287,548,521 to Plaintiff A among the goods price.
Therefore, Defendant D’s 270,047,977 won to Plaintiff A, 406,202,306 won to Plaintiff B, and 287,548,521 won to C, and each of the above amounts are 287,521 won from July 28, 2015 to September 30, 2015, the following day after the delivery date of a copy of the complaint of this case, and Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sep. 25, 2015) (amended by Presidential Decree No. 26553, Sep. 25, 2015) and Article 3(1)5 of the former Special Cases Act (amended by Presidential Decree No. 26553, Sep. 25, 2015).