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1. The Defendants jointly share KRW 127,732,00 with respect to the Plaintiff and Defendant A Co., Ltd. from March 25, 2015.
Reasons
1. Basic facts
A. When establishing Defendant A Co., Ltd. (hereinafter “Defendant A”), Defendant A borrowed the name from Defendant B, registered Defendant B as Defendant A’s internal director, and practically operated Defendant A.
B. On November 7, 2014, between the Plaintiff and Defendant A on behalf of November 7, 2014, under a supply contract with the Plaintiff, the Plaintiff entered into a supply contract with the amount of KRW 80,870 for the CPU and CP38GB PC 3-I2800 for Samsung DDR 400 and the CP38GB PC 3-I2800 for the 400 mergian 400 (excluding value-added tax) (hereinafter “instant 1 supply contract”), and was delivered by the Plaintiff on the same day.
C. On November 2014, C entered into a supply contract between the Plaintiff and the Plaintiff on behalf of Defendant A with the amount of KRW 35,250,00 (excluding value-added tax) for the amount of KRW 35,250,00 (hereinafter “instant supply contract”), and the said product was delivered by the Plaintiff on November 8, 2014.
C made a false statement to the Plaintiff that he would receive the price from the original office and pay the price for the goods even though the Plaintiff did not intend to pay the price for the goods under the above contract at the time of concluding the first and second supply contract of this case.
[Ground of recognition] The facts without dispute, Gap evidence 1-2, 2-1, 3-2 of the evidence Nos. 1-2, 2-3-1, 2-2 of the evidence Nos. 1-2, and the purport of the whole pleadings (the defendants have a defense that Gap evidence Nos. 2-1, 3-1 of the evidence No. 2-2, but no evidence to acknowledge it exists)
2. The assertion and judgment
A. According to the facts acknowledged prior to the determination of the claim against Defendant A, C shall be deemed to have the authority to conclude the supply contract of this case between the Plaintiff and the Plaintiff on behalf of the Defendant A. Thus, the Defendant A shall pay the Plaintiff the sum of KRW 127,732,00 (35,250,000) as the price for the goods under the supply contract of this case 1 and 2 x 1.1.