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1. The Plaintiff’s rehabilitation claim against the Plaintiff Company B is KRW 524,779,300 and KRW 254,835,300 among them.
Reasons
1. Basic facts
A. The Plaintiff and E Co., Ltd. (hereinafter “E”) are companies engaged in food material distribution business, wholesale and retail business, and the Defendant Co., Ltd. (hereinafter “E”) (hereinafter “Defendant D”) prior to the filing of the lawsuit and the administrator took over the instant lawsuit against “B” and the Defendant Co., Ltd. (hereinafter “Defendant D”) are companies engaged in agricultural product processing and distribution business.
B. On December 2012, F, the representative director of the Plaintiff and E, the team leader G, and Defendant C and H (hereinafter “H”), the representative of the Defendant D, the agent of the Plaintiff and E, and the head of the team, entered into a product supply agreement with the effect that “I, the actual representative of the Defendant C and H (hereinafter “H”), the agent of the Plaintiff and E, who is the representative of the Plaintiff and E, planned to establish Defendant D, and the head of the team thereof, shall exchange and receive competitive products in such a way as to supply food materials to the Plaintiff and E by pre-processing and processing, and deliver them again to the Plaintiff and E.”
In addition, at the time of the above arrangement, H H, Defendant C delegated the power to J as to each of the goods transaction of Defendant D, which is scheduled to be established.
C. Pursuant to the agreement above, E shall be from January 11, 2013 to the same year.
2. Until January 21, 200, rice, etc. was supplied to B and the same year from January 20, 2013.
2. By December 23, 200, J ordered the goods under the name of H, the delivery place was designated as K Co., Ltd. (hereinafter “K”) located in the voice group in Chungcheongbuk-gun.
After February 12, 2013, Defendant D was established on February 12, 2013 and has been doing so.
2. 14. Business registration has been completed; at the time of establishment of Defendant D, Defendant C was the representative director; I was the inside director; and J was the auditor.
E. Upon the Plaintiff’s request on April 18, 2013, Defendant D, C, B, and J draw up a letter of performance that is jointly liable for the goods supplied by the Plaintiff and E to B and Defendant D as follows and a notary public.