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1. The Plaintiff, the Defendant Company A and the Defendant C jointly and severally, KRW 399,546,488, and the Defendant Company B shall be KRW 257,771,459.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells office supplies and electronic equipment. Defendant A (hereinafter “Defendant A”) is a company that manufactures and sells electronic expendable goods and computer peripheral devices, and Defendant B (hereinafter “Defendant B”) is a company that is established for the purpose of manufacturing and selling computers and precision peripheral devices. Defendant C is the representative director of Defendant A and Defendant B.
Defendant D Co., Ltd. (hereinafter “Defendant D”) was established for the purpose of manufacturing computers and peripheral devices, wholesale and retail business, etc., and Defendant C and E, a wife, operated the company as a shareholder and an executive, and transferred all shares to and resigned from Defendant C’s wife F on January 12, 2012, and on the same day, F was appointed as an internal director.
B. On May 18, 2010, Defendant C jointly and severally guaranteed all obligations owed at present or in the future by the Company A with respect to the original M&A under a continuous commodity transaction contract. The original M&A merged with the Plaintiff on December 12, 2012, Defendant C jointly and severally guaranteed all obligations owed by the Company A to the Plaintiff according to a continuous commodity transaction contract.
C. The Plaintiff supplied Defendant A with computerized goods and office supplies totaling KRW 399,547,877,874 for the period of April 2012, KRW 241,546,84 for the period of May 2012, KRW 26,191,770 for the period of June 2012, KRW 39,87,874 for the period of June 2012, KRW 57,857,184 for the period of April 2012, KRW 139,549,43 for the period of May 2012, and KRW 60,364,71,459 for the period of June 2012. However, the Plaintiff did not receive the price for the aforementioned goods.
Defendant A and B have decreased sales revenue from around 2008, while they continue to operate their business in an aggravated state due to the increase of operating expense loan interest, and they eventually closed their place of business on July 6, 2012 and reported business suspension on July 9, 2012.