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(영문) 울산지방법원 2017.12.14 2016가합23973
물품대금
Text

1. Defendant N Co., Ltd.: The amount stated in the Plaintiffs’ claim amount in the separate sheet and each of them on December 2016.

Reasons

In fact, Defendant N Co., Ltd. (hereinafter “N”) is a company engaged in gold-type manufacturing business, etc., Defendant L is a personal entrepreneur who engages in gold-type production, development, manufacture, etc. with the trade name of O, and Defendant M is a representative of Defendant L as Defendant L’s wife.

The Plaintiffs supplied gold-type raw materials and other goods to Defendant N, and did not receive the price for the goods corresponding to each money stated in the Plaintiffs’ claim amount.

[Recognizing the fact that there is no dispute, Gap evidence Nos. 1 through 16, Eul evidence Nos. 1 through 16, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings, the plaintiffs in the claim as to the claim against defendant N was supplied with gold raw materials to defendant N, and since defendant N did not pay the price for the goods, the defendant N is obligated to pay to the plaintiffs the price for the goods corresponding to each money as stated in the plaintiffs' claim amount as stated in the separate sheet and the damages for delay.

Article 208(3)2 and Article 150(3) of the Civil Procedure Act of the applicable law (a judgment of confession made by the absence of Defendant N) of the Plaintiffs’ claim as to the claim against Defendant L and M is a company that actually manages the affairs of the Defendant L, and the Defendant N used as a means to make it difficult to distinguish between the Plaintiff’s personal business chainO and the business and assets from them, to distinguish them, to the extent that capital is inadequate, in light of the size of business or the number of employees, etc.

Therefore, Defendant L, as the actual operator of Defendant N, has a duty to pay the Plaintiffs the price for the goods corresponding to each amount stated in the Plaintiffs’ claim amount. Meanwhile, Defendant M, as Defendant N’s representative, deceiving the Plaintiffs by intentionally paying the price for the goods, etc. so that they would not pay the price for the goods. Therefore, the Plaintiffs are paid the amount indicated in the Plaintiffs’ claim amount as damages for tort.

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