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1. Defendant B Co., Ltd.: (a) KRW 89,507,00 for the Plaintiff and 6% per annum from July 30, 2013 to April 6, 2015.
Reasons
1. In full view of the overall purport of the pleadings as to the claim against Defendant B, the Plaintiff supplied goods to B (hereinafter “B”) by July 29, 2013, and on November 18, 2014, the remainder of the goods price as of November 2014 constitutes 89,507,000.
According to the above facts, Defendant B is obligated to pay the Plaintiff the amount of KRW 89,507,00 for the unpaid goods and the amount of delay damages calculated at the annual rate of 6% per annum under the Commercial Act from July 30, 2013 to April 6, 2015, the delivery date of a copy of the complaint in this case, from April 7, 2015 to September 30, 2015 (amended by Presidential Decree No. 26553, Sept. 25, 2015) under the provisions on statutory interest rate of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Oct. 1, 2015) and each of the above provisions (amended by Presidential Decree No. 26553, Sep. 25, 2015).
(In the Plaintiff’s assertion, the part claiming damages for delay by the rate exceeding 15% per annum for the period after October 1, 2015 is without merit). 2. Determination as to the claim against Defendant C Co., Ltd.
A. The Plaintiff’s assertion that Defendant C Co., Ltd. (hereinafter “Defendant C”) was established to evade the Plaintiff’s obligation to the Plaintiff. The Defendants are identical to the purpose and shareholders’ composition, and are mixed with assets. Defendant C cannot assert that the Plaintiff has a legal personality separate from Defendant B, and is jointly and severally liable to repay the unpaid goods payment obligation with Defendant B.
B. Determination 1) Defendant B was established on June 27, 2001, and on June 2, 2005, Defendant B purchased 3307 square meters of land for a factory in Nam-gu Incheon Metropolitan City on July 29, 2005 and completed the registration of the transfer of ownership on July 29, 2005, and changed the head office on December 20, 2005 to “Ycheon-gu, Nam-gu D”, and the head office on December 20, 2005.