1. The Defendant shall pay to the Plaintiff KRW 34,459,400 and the interest rate of KRW 15% per annum from October 14, 2017 to the date of full payment.

Basic Facts

- The Plaintiff supplied packaging paper to B Incorporated Co., Ltd. (hereinafter “B”) which is an agricultural products distributor since 201 as a company manufacturing food packaging paper.

- The Plaintiff filed an application with the Suwon District Court for payment order of KRW 99,160,206 for the payment of the unpaid amount of KRW 99,160,206 with the Sungwon District Court 2016Kadan222902. On December 13, 2016 of the instant case, the conciliation was concluded that B shall pay KRW 47,00,000 to the Plaintiff as the price for the goods on the date of pleading.

- The representative director C of B died on October 12, 2016, and D, the wife of C, was appointed as the representative director of B on October 25, 2016.

D, as in November 29, 2016, the Defendant, a agricultural product distributor, was established and closed on April 12, 2017.

- The Plaintiff supplied B with packaging sites equivalent to KRW 4,459,400 on December 21, 2016, KRW 217,600 on December 22, 2016, KRW 217,800 on December 22, 2016, and KRW 2,024,00 on December 30, 2016, and supplied the Defendant with packaging sites from 2017.

- B paid 15,00,000 won to the Plaintiff on January 11, 2017.

- The Defendant paid to the Plaintiff KRW 10,893,340 on February 10, 2017, KRW 10,735,850 on March 10, 2017, and KRW 7,950,360 on May 10, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and Gap evidence Nos. 8 (including the number of branch numbers; hereinafter the same shall apply), and the defendant and Eul are substantially identical to the plaintiff's main claim for the plaintiff's whole purport. Thus, the defendant cannot assert that the plaintiff, the creditor of B, has a separate legal personality. The defendant is liable to pay the plaintiff the unpaid price for the goods.

Since the Defendant agreed to take over the obligation of the purchase price of the goods unpaid to the Plaintiff at the end of February 2017, the Defendant is obligated to pay the purchase price of the goods unpaid to the Plaintiff.

The existing legal doctrine on the determination of the primary claim is the existing company.