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1. Defendant A’s KRW 107,619,475 as well as 6% per annum from July 1, 2014 to October 4, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The relationship between the Plaintiff and D Co., Ltd. is a company that manufactures and sells timber and lumber (which made wood by properly crushinging timber) and D Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) is a company specialized in the manufacture and sale of wood.
The defendant A is the representative director of the non-party company
B. From February 2012 to March 2012, 2012, the Plaintiff and Nonparty Company supplied Nonparty Company with a title of 30 million won as an advance payment. At the time, Nonparty Company paid KRW 30 million to the Plaintiff. The Plaintiff supplied a title of 20 million to the Plaintiff during the period from March 2013 to December 2013. (2) The Plaintiff supplied the title of 30 million for the second transaction to the Plaintiff for a period of nine months from December 2013.
At the time, the plaintiff paid 300 million won to the non-party company, and if the non-party company supplied the portion to the non-party company, the transaction was conducted by deducting the amount of goods from the advance
3) From March 2014 to October 2014, 2014, the third transaction Plaintiff supplied non-party company with stuffed stuffs without advance payment. However, as of February 2, 2015, the remainder of the price for the third transaction that the non-party company did not pay to the Plaintiff is KRW 107,619,475. 4) The Plaintiff and the non-party company, including the details of the transaction, were all manufacturing company, and thus, there was no need to engage in the transaction of supplying stuffs for consumption of necks.
However, since it is virtually difficult for the Plaintiff to sell directly a part of its affiliated companies to clean Bara Co., Ltd. (hereinafter “ clean Bara”), the Plaintiff was engaged in three transactions for the purpose of selling a part of the part in clean Bara through the non-party company. Accordingly, the non-party company is immediately the part supplied by the Plaintiff.