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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. On August 2009, Nonparty D operated Defendant B Co., Ltd. (hereinafter “Defendant Company”), which is operating food materials and food sales business, established “E”, which is substantially the same document company with the Defendant Company, by lending the name of the Plaintiff, who is his own relative to the Defendant Company, in order to obtain a higher contract in the bidding executed by the business partners.
B. From July 2012 to March 2014, Defendant Company supplied various food materials, such as white sugar, in the name of Hyundai Food Co., Ltd. (hereinafter “Modern Food”), but did not pay a total amount of KRW 98,495,216 (hereinafter “the price of the instant goods”), and the said transaction with Hyundai Food was completed around March 2014.
C. After that, on April 29, 2014, Hyundai Frand received a payment order (U.S. District Court 2014 tea1317) ordering the Plaintiff, a representative in the name of E, to pay the instant goods. Accordingly, on June 3, 2014, the Plaintiff paid KRW 98,495,216 to the Hyundai Frand’s side.
On the other hand, on December 6, 2013, Defendant C entered into a contract for acquisition of a corporation with the content that the Defendant Company will take over all the shares incurred in the Defendant Company and the obligation owed to the Defendant Company including the instant goods sales amount (hereinafter “instant contract for acquisition of a corporation”), and on January 4, 2014, Defendant C entered into a joint and several surety with the content that “D will make a joint and several surety for the obligations incurred in transactions between the On-site and E 105,750,719 won and from January 1, 2014.”
E. After December 6, 2013, Defendant C registered his wife H as the representative director of the Defendant Company, and operated the Defendant Company.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. The assertion and judgment
(a)the cause of the claim;