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1. Defendant B’s ratio of KRW 156,290,397 to KRW 20% per annum from February 24, 2015 to the day of full payment.
Reasons
1. Judgment on the ground of the plaintiff's claim
(a) The facts under the recognition may be found, either in dispute between the parties or in the entry in Gap evidence 1 to 10 (including each number, if any), together with the purport of the entire pleadings;
1) The Plaintiff is a legal entity manufacturing automobile parts, metal-type, etc.; Defendant B is the actual business owner of “C” manufacturing gold, electronic, automobile parts, etc.; Defendant A is the business owner in the name of “C”; Defendant A is the business owner in the name of “C”); the Plaintiff supplied parts to “D (E) and Nonparty D” from January 2013 to December 2013, but did not receive KRW 80,534,078 out of the price of parts; and C comprehensively acquired all claims and obligations including the Plaintiff’s business with “D.”
3) The Plaintiff supplied parts to C from January 1, 2014 to November 2014, but did not receive KRW 34,756,319 out of the price of parts. Meanwhile, C requested manufacturing process, such as gold type, as requested by the Plaintiff, to Nonparty F and “G” but did not pay the price, and was placed in a situation where gold and raw materials are not recovered due to the failure to pay the price. In order to recover gold and raw materials, the Plaintiff paid KRW 2,00,000 to F on December 12, 2014, and KRW 19,000,000 in G on December 3, 2014, and KRW 41,000 in total.
B. According to the above facts, Defendant B, as the actual business owner of the Plaintiff, is obligated to pay the Plaintiff the unpaid part payment of 80,534,078 won for the year 2013, the unpaid part payment of KRW 34,756,319, the Plaintiff’s payment of KRW 41 million for the Plaintiff F and G, and the Plaintiff’s payment of KRW 156,290,397 (= KRW 34,745,319, KRW 80,534,078, KRW 41,000) and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 24, 2015 to the date of delivery of a copy of the complaint of this case. (2) The Plaintiff also is jointly and severally liable for the Defendant B as the nominal name and the Defendant.