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Defendant B Co., Ltd. shall pay to the Plaintiff KRW 217,815,615 as well as 6% per annum from September 1, 2017 to September 24, 2019.
Reasons
Basic Facts
The Plaintiff is a company engaged in the business of manufacturing and selling plastic films, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the business of manufacturing plastic resin, etc., and Defendant C is the representative director of the Defendant Company.
The Plaintiff supplied goods to the Defendant Company from around 2014, and the increase in the amount of credit transactions, and the amount of goods paid by the Defendant Company has been calculated to be appropriated for the partial repayment of the accumulated amount of credit accounts until then.
The Plaintiff supplied goods equivalent to KRW 375,591,865 to the Defendant Company during the period from March 2017 to August 26, 2017, and filed a claim for the payment of goods on behalf of the Defendant Company in the form of issuing a tax invoice therefor from March 31, 2017 to August 31, 2017.
The price of goods that the Plaintiff was not paid by the Defendant Company is KRW 217,815,615 as of January 18, 2018.
[Ground of recognition] According to the above facts of recognition as to claims against the defendant company as to Gap evidence Nos. 1 through 5 (including branch numbers where there are additional numbers) and the purport of the entire pleadings, the defendant company is obligated to pay to the plaintiff the amount of 271,815,615 won payable to the plaintiff and the amount calculated at the rate of 12% per annum under the Commercial Act from September 1, 2017 to September 24, 2019, the delivery date of a copy of the complaint of this case, from September 24, 2019, to September 24, 2019, the delivery date of a copy of the complaint of this case, to the day of full payment.
The plaintiff's assertion about the claim against the defendant C has the external form of a legal entity, but its substance is merely the defendant C's private company, the representative director of the defendant company.
Thus, in accordance with the legal principles of the denial or abuse of legal personality, the defendant C shall jointly and severally with the defendant company for the amount of 271,815,615 won for the goods unpaid by the defendant company to the plaintiff.