물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
(a) basic facts.
A. The Plaintiff is a company that manufactures and sells cosmetics containers, and the Defendant is a company established on July 7, 2016 with the main business purpose of electricity, electronic equipment wholesale and retail, trade business, etc.
B. In around 2006, the Plaintiff entered into a contract on the supply of goods, such as Tube 10*08 (hereinafter “instant goods”) with the company B (hereinafter “foreign company”) and supplied the instant goods to the non-party company from that time.
C. On July 25, 2016, the Plaintiff filed a lawsuit seeking joint payment with the non-party company and C as Defendant KRW 57,957,083, and filed a lawsuit seeking joint payment with the Seoul Central District Court 2016Da5172124, and the non-party company filed a lawsuit claiming joint payment of KRW 9,929,150 with the Plaintiff, and the non-party company paid KRW 6% per annum from June 14, 2016 to June 27, 2017, and KRW 15% per annum from the next day to the day of full payment. In the conciliation case involving the appellate court’s 2017Na45648, the appellate court rendered a final and conclusive decision in lieu of the above order of the first instance court at the time the decision was made.
[Ground of recognition] Facts without dispute, Gap 1, 2, 11, and 12; the purport of the whole pleadings
2. Determination on the cause of the claim
A. In light of the following facts and circumstances, the Defendant’s assertion is a company that established the same form and content for the purpose of evading the obligation to pay for the instant goods, etc. owed by the Nonparty Company to the Plaintiff.
Therefore, the defendant, as the same subject of responsibility as the non-party company, bears the liability such as the price for the goods of the non-party company, and denying its liability on the ground of a difference in corporate personality is against the principle of trust and good faith or constitutes abuse of corporate personality.
Therefore, the defendant is jointly and severally with the non-party company to the plaintiff KRW 9,929,150.