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(영문) 창원지방법원 2014.12.24 2014나1304
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 31, 201, the Plaintiff agreed to supply steel bars to Defendant B Co., Ltd. (the former trade name is Co., Ltd.; hereinafter the Defendant Co., Ltd.) by processing and supplying steel bars (hereinafter the instant contract for supply of steel bars). At the time, Defendant C, the representative director of the Defendant Co., Ltd, guaranteed the payment of the Defendant Co., Ltd’s debt for the said contract.

B. By July 201, the Plaintiff supplied the Defendant Company with steel bars, etc. equivalent to KRW 102,037,760, based on the instant steel supply contract (hereinafter “the instant steel bars”).

(In the absence of dispute, entry of Gap's 1 through 4, purport of the whole pleading)

2. Determination as to the cause of claim

A. As seen earlier, the Plaintiff supplied the steel bars equivalent to KRW 102,037,760 to the Defendant Company. Since the Plaintiff was a person who was paid the remainder, excluding KRW 18,117,519, out of the instant steel bars, the Defendant Company and its guarantor, who was supplied with the instant steel bars, are jointly and severally liable to pay to the Plaintiff the amount of KRW 18,117,519, and delay damages therefor.

B. As to this, the Defendant Company asserts that the instant contract for the supply of the steel bars was concluded before the present representative director of the Defendant Company acquired the Defendant Company, and that the said contract was entirely unaware of this, and thus, the Defendant Company did not have the effect of the instant contract for the supply of the steel bars to the present Defendant Company, including Defendant C, as well as the instant contract for the supply of the steel bars.

However, as seen earlier, as long as the parties to the instant contract for the supply of the steel industry are the defendant company, even if the above E acquired the shares and management rights of the defendant company after concluding the instant contract for the supply of the steel industry, it cannot be deemed that any change occurs in the status of the legal personality of the defendant company or the parties

Therefore, the instant steel bars.

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