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1. Defendant A Co., Ltd.: 27,718,023 won and 6% per annum from April 22, 2015 to January 14, 2016.
Reasons
1. In full view of the purport of the entire pleadings as to the claims filed against Defendant A, the Plaintiff may be acknowledged as having supplied the automobile parts equivalent to KRW 27,718,023 to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from November 30, 2012 to May 31, 2013. Thus, the Defendant Co., Ltd is liable to pay to the Plaintiff the amount of KRW 27,718,023 and damages for delay, barring special circumstances.
Although the Plaintiff asserts that the amount of the claim for the goods exceeds 28,764,600 won, there is no evidence to prove that the amount of the claim for the goods exceeds 27,718,023 won.
Although the Defendant Company has a defense that the statute of limitations has expired, the evidence submitted by the Defendant Company alone is insufficient to recognize it.
2. As to the claim against Defendant B, the Plaintiff asserted that the Defendant Company bears the obligation to pay the above goods to the Plaintiff on the ground that it constitutes a case where the Defendant Company was a sole individual company of Defendant B, and thus, the Defendant Company was punished to the extent that the Plaintiff’s name was only the Defendant Company’s personal business as of the time of transaction with the Plaintiff, and that the evidence submitted by the Plaintiff was only punished as of the time of transaction with the Plaintiff.
The plaintiff's assertion is without merit, since the defendant B is in a dominant position that can use the defendant company in his own mind and it is not sufficient to recognize that the defendant B abused the corporation system using such a position.
(See Supreme Court Decision 2007Da90982 Decided September 11, 2008). 3. Thus, the defendant company calculated the amount of KRW 27,718,023 of the goods price to the plaintiff as well as the ratio of 15% per annum under the Commercial Act from April 22, 2015 to January 14, 2016, the day following the delivery date of a copy of the complaint of this case sought by the plaintiff, which is the day after the payment date, to the day after the delivery date of the copy of the complaint of this case.