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1. Defendant B’s KRW 31,353,464 as well as 5% per annum from May 1, 2017 to April 3, 2019.
Reasons
1. Comprehensively taking account of the overall purport of pleadings Nos. 2, 3, and 5 as to the claim against Defendant B, and the overall purport of pleadings No. 4, the Plaintiff, engaged in metal and non-ferrous metal processing business, etc., supplied goods to Defendant B, who were engaged in semiconductor parts processing business, etc. from December 2, 2017 to April 30, 2017, and was not paid the price of goods equivalent to KRW 31,353,464 among them.
Therefore, Defendant B is obligated to pay to the Plaintiff the amount of KRW 31,353,464, and damages for delay at each rate of 12% per annum from May 1, 2017 to April 3, 2019, which is clear that the delivery date of a copy of the complaint is the date of delivery of a copy of the complaint, from May 1, 2017 to April 3, 2019, 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to May 31, 2019, and 12% per annum from the next day
[1] According to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is 12% per annum from June 1, 2019, and thus, the portion of damages for delay seeking payment exceeding 12% per annum from June 1, 2019 is rejected. 2.
In fact, the company has the external form of a juristic person, but it merely takes the form of a juristic person, and it is nothing more than another person's private enterprise behind the corporate personality or it is used without permission for the purpose of avoiding the application of the law to the person behind the corporate personality.