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1. Defendant A’s KRW 434,060,300 as well as 5% per annum from November 1, 2014 to July 27, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff entered into a goods supply contract on February 2013, 2013 (hereinafter “C”).
(2) In accordance with a contract for the supply of goods entered into with the Plaintiff, the Plaintiff and C agreed to pay the Plaintiff the price in cash on the last day of the month following the issuance date of the tax invoice by the end of the month following the date of the issuance date of the tax invoice, in totaling 13 times from February 26, 2013 to October 28, 2014, including 543,630,406 won.
B. On September 5, 2014, C created a joint collateral security (hereinafter “instant collateral security”) with respect to each real estate listed in the separate list owned by the Defendant B (hereinafter “each real estate of this case”) as a collateral for the payment obligation of the said goods. As to each real estate indicated in the separate list owned by the Defendant B, C created a joint collateral security (hereinafter “instant collateral security”).
C. The progress of the voluntary auction and the Plaintiff distributed KRW 600,570,141 out of the amount of the claim at the auction procedure (i.e., the principal amount of KRW 525,630,406 interest of KRW 74,939,735), upon receiving an application for commencement of the voluntary auction as to each of the instant real estate upon having filed an application for commencement of the auction on September 17, 2015, and received a total of KRW 600,570,141 (i.e., the principal amount of KRW 525,630,40,406).
[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 17 (if there are virtual numbers, including each number; hereinafter the same shall apply)
(2) Each entry and the purport of the whole pleading
2. The parties' assertion
A. As the representative director of C, Defendant A, who is the Plaintiff’s assertion, committed an illegal act of not paying KRW 525,630,406 among them, by deceiving the Plaintiff as if C had no intent or ability to repay the price even if C was supplied with the goods from the Plaintiff, thereby entering into a contract for supply of goods by deceiving the Plaintiff as if it had been to repay the price, thereby committing a total of 13 times from February 26, 2013 to October 28, 2014.