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(영문) 서울중앙지방법원 2014.12.18 2014가합4847
물품대금
Text

1. Defendant A Co., Ltd and B shall jointly and severally pay to the Plaintiff KRW 215,170,565 as well as the full payment from May 13, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at the branch distribution business, etc., and Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company aimed at printing, publishing, etc.

B. On January 26, 2010, the Plaintiff entered into a contract with Defendant A (Representative Director D) on the supply of goods that the Plaintiff would supply the goods to Defendant A (hereinafter “instant contract”). Defendant B jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff under the instant contract.

C. According to the instant contract, the Plaintiff supplied the paper to Defendant A, and was not paid KRW 215,170,565 out of the amount of goods supplied to Defendant A between June 201 and June 2013.

Defendant C (hereinafter “Defendant C”) is a company established on November 21, 2013 for the purpose of printing, publishing, etc., and Defendant C’s representative director is Defendant D.

E. Meanwhile, Defendant A discontinued his business on December 31, 2013.

[Based on the recognition] Defendant A, B: The content of the confession (Article 150(3) of the Civil Procedure Act), Defendant C, D: The absence of dispute; the content of evidence Nos. 1, 2, 2-1, 2-1, 3, 4, and 5-2; and the purport of the whole pleadings

2. According to the above basic facts regarding the claim against Defendant A and B, Defendant B, a joint and several surety, is jointly and severally liable to pay to the Plaintiff the unpaid amount of KRW 215,170,565 and damages for delay calculated at the rate of 20% per annum from May 13, 2014 to the day of full payment following the delivery of a copy of the complaint of this case sought by the Plaintiff.

3. Determination as to the claim against Defendant C and D

A. The Plaintiff’s assertion 1 is a major shareholder of Defendant A and a person who actually controls Defendant A while establishing and operating Defendant A on January 1, 1989.

The defendant D has the same business objective as the defendant A in order to evade the debt due to the large amount of the debt of the defendant A and managerial difficulties.

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