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(영문) 부산지방법원서부지원 2019.04.19 2018가단10027
물품대금
Text

1. Defendant C Co., Ltd.: 47,667,100 won and 6% per annum from September 1, 2017 to August 1, 2018.

Reasons

1. Basic facts

A. The Plaintiff supplied goods to Defendant C (hereinafter referred to as “Defendant Company”) and the amount of goods that was not paid was 100,756,026 won on November 4, 2016.

On November 4, 2016, Defendant Company prepared a repayment plan for KRW 100,756,026 for the purchase price of goods (hereinafter “instant repayment plan”) to the Plaintiff.

B. Until August 2017, Defendant Company repaid KRW 53,088,926 out of the above product price obligations.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. According to the facts of the above recognition of the claim against the Defendant Company, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 47,667,100, and damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from September 1, 2017 to August 1, 2018, the delivery date of the original copy of the instant payment order, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. Claim against Defendant D

A. Defendant D, the Plaintiff’s assertion, signed the instant reimbursement plan to the effect that he/she personally and jointly guaranteed the Defendant Company’s obligation to pay for the goods to the Plaintiff, and made a statement to the effect that he/she would be responsible for the deliberation. As such, Defendant D, a joint and several surety, bears the obligation to pay for the goods unpaid according to the instant reimbursement plan jointly and severally with the Defendant Company.

In addition, since the defendant corporation is one person owned by the defendant corporation and established by the defendant corporation to enjoy tax benefits, it falls under the cases where the defendant corporation's corporate form is damaged or its corporate form is abused, and the defendant corporation bears the obligation to pay goods to the plaintiff.

B. According to the evidence No. 1 of the judgment on the joint and several sureties claim, the fact that Defendant D voluntarily signed in the instant repayment plan is recognized.

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