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1. Defendant C, Co., Ltd. D and E jointly share the Plaintiff KRW 2,488,500 and they share the same.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the business of processing and selling agricultural, livestock and fishery products.
Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in software development and supply business. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company engaged in media content production and distribution business. Defendant C Co., Ltd. (hereinafter “Defendant D”) is a company engaged in agricultural products distribution, processing, and distribution business. Defendant A is a representative director of Defendant D.
B. On October 1, 2016, between the Plaintiff and the Defendant B, a goods supply contract was made between the Plaintiff and the Plaintiff to supply samples to Defendant B (hereinafter “instant contract”).
C. On September 20, 2016, between the Plaintiff and the Defendant C, a goods supply contract was made between the Plaintiff and the Plaintiff to supply samples to Defendant C.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 15, the purport of the whole pleadings
2. Claim under the contract between the plaintiff and the defendant B
A. The Plaintiff’s assertion 1) After concluding the instant contract with the Defendant B, the Plaintiff supplied samples equivalent to KRW 224,279,80,00, and the Defendant B did not pay KRW 101,779,800 out of the amount of the goods. In addition, the Plaintiff’s assertion was ordered by the Defendant B to the F Co., Ltd. (hereinafter “F”).
(2) Defendant B, who received goods from F, traded in the way that the goods were supplied to Defendant B. However, Defendant B, on the wind that Defendant B did not purchase part of the ordered volume, suffered losses from the Plaintiff’s payment of KRW 18,436,00 to F with the cost of storage and disposal of subsidiary materials. Accordingly, Defendant B shall pay the Plaintiff the amount of KRW 120,215,80 (i.e., the amount of damages of KRW 101,779,800 for the goods (i.e., the amount of damages of KRW 18,436,00).
Defendant D and E concurrently take over the above goods payment obligation and the damages liability of Defendant B against the Plaintiff.