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1. The Defendants jointly share KRW 130,564,806 with the Plaintiff and Defendant B with respect thereto from January 25, 2018.
Reasons
1. As to the claim against the defendant B
A. 1) The Plaintiff is a stock company with the purpose of processing Aluminium, etc., and is a stock company with the purpose of processing Aluminium, which is used in the manufacture of Madipanum (hereinafter “instant goods”).
D Co., Ltd. (hereinafter “Company D”)
(2) Defendant B ordered the instant goods to the Plaintiff’s employees as the substantial operator of Company D.
When Defendant B delivered the instant goods as above, Defendant B stated that the company D would normally approve the price of the goods at the end of the month.
Accordingly, the Plaintiff supplied the instant goods to D in total 19 times from April 23, 2015 to June 30, 2015, pursuant to the orders issued by Defendant B, with the amount of KRW 226,373,818.
However, Defendant B and D did not pay to the Plaintiff KRW 130,564,806 out of the amount of KRW 226,373,818 for the instant goods (hereinafter “the remainder of the instant goods”).
3) On June 2018, Defendant B was indicted as a fraudulent act with the purport that, “A company D was in a state in which it was unable to pay wages to employees and electricity taxes, and would not expect operating profits without paying them, and Defendant B was also in a bad credit position upon the declaration of bankruptcy and there was no intent or ability to pay the price for the instant goods even if the instant goods were supplied by the Plaintiff. Nevertheless, Defendant B was charged with the crime of fraud with the purport that, as in the foregoing paragraph 2, Defendant B had induced the Plaintiff as if he would normally pay the price for the instant goods, and acquired the instant goods by deceiving the Plaintiff through supply of the instant goods.”
4) On September 21, 2018, Defendant B was sentenced to a conviction of 1 and 6 months of imprisonment with labor due to the combination, and the appellate court dismissed the appeal on January 18, 2019, on September 21, 2018.