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1. The Plaintiff:
A. Defendant A and C Co., Ltd are jointly and severally liable for 252,359,600 won and its related amount from January 1, 2015 to January 1, 2016.
Reasons
The Plaintiff is a corporation whose purpose is the manufacturing business of automobiles and parts, and Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant D Co., Ltd. (hereinafter “Defendant D”) are corporations whose purpose is the manufacturing business of automobile parts.
Defendant A was the representative director of Defendant C from September 10, 2013 to November 11, 2014, and Defendant B is the only internal director of Defendant D and the children of Defendant A.
Around November 2014, the Plaintiff’s supply of goods to Defendant C and D entered into a contract with Defendant C to supply A with Aluminum (hereinafter “instant supply contract”). The Plaintiff’s supply of goods was supplied with Aluminum equivalent to KRW 298,359,600 from November 7, 2014 to November 30, 2014.
The Plaintiff concluded a contract with Defendant D to supply aluminium (hereinafter “instant second supply contract”) with Defendant D to believe that “The Plaintiff will supply aluminium to Defendant D and pay the price for the main goods.” The Plaintiff supplied each of the following: (a) the price for the goods is to be paid from February 13, 2015 to January 30, 2015; (b) the price for the goods is to be paid from December 1, 2014 to the end of February 30, 2015; and (c) the price for the goods is to be paid as KRW 100,220,010 to the Defendant D to the end of February 30, 2015; and (d) the price for the goods is to be paid as KRW 171,84,860 to the Defendant D from January 31, 2015 to February 111, 2015.
Defendant C and D paid 46,00,000 won out of 298,359,600 won for goods on January 13, 2015, but did not pay 252,359,600 won for the remainder of goods (i.e., KRW 298,359,600 - KRW 46,000), and Defendant D did not pay 272,064,870 won for goods (= KRW 100,220,010, 171,844,860).
On the other hand, on July 7, 2016, Defendant A had the intent and ability to pay Aluminum price as the Changwon District Court 2015Gohap258.