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1. Defendants A and C shall jointly and severally serve as KRW 32,771,200 on the Plaintiff and Defendant A from February 6, 2015 to September 15, 2015.
Reasons
1. Basic facts
A. Defendant A completed business registration with its trade name as “D Commercial Act”.
B. The Plaintiff entered into a contract with Defendant C, who represented by Defendant A, to supply building materials to the “D Commercial”. After entering into the contract, the Plaintiff visited the location of the “D Commercial”’s business establishment and confirmed that Defendant A was his father, and supplied goods to the “D Commercial”.
C. The price for the goods that the Plaintiff was not supplied to “D Co., Ltd.” is KRW 37,221,200.
Defendant A endorsed to Promissory Notes, the face value of which is 32,771,200, and delivered it to the Plaintiff.
E. At the request of Defendant C, the Plaintiff supplied the construction materials to Defendant C and received them. The price for the goods that had not been paid is KRW 59,400,000.
F. Defendant C operates the “D Commercial” with Defendant A, and Defendant C also operates the company.
G. The Plaintiff requested Defendant A and C to pay the amount of goods unpaid, and Defendant A and C promised to pay the amount of goods but only the date of payment was set aside.
[Ground of recognition] In the absence of dispute against Defendant A: Each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings against Defendant B: Article 208(3)3 of the Civil Procedure Act (a judgment by service by public notice) against Defendant C: Article 208(3)2 of the Civil Procedure Act (a judgment by deemed as a confession)
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, Defendant A and C are jointly and severally liable to pay to the Plaintiff 32,771,200 won for the unpaid goods related to the “D Commercial” and damages for delay thereof. Defendant B and C jointly are jointly and severally liable to pay the Plaintiff the unpaid goods price of KRW 59,400,000 and damages for delay.
B. Defendant A’s assertion and judgment are the Defendant C, and the actual business owner of the D Company is the Plaintiff.