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1. The Defendants shall jointly and severally serve as the Plaintiff KRW 154,856,893 and as a result, from July 19, 2014 to November 28, 2014.
Reasons
1. The fact of recognition is that the Plaintiff is engaged in the manufacturing and wholesale business of the sti pumps, and the Defendant A (hereinafter “Defendant A”) is a company engaged in the manufacturing business of the board, etc. The Defendant B is the representative director of the Defendant A, and the Plaintiff continuously supplied the sti pumps to the Defendant A. The fact that the Plaintiff was not paid the price of goods equivalent to KRW 154,856,893 from October 15, 2013 to July 18, 2014 (hereinafter “the price of goods not paid”) by the Defendant A was not paid by the price of goods equivalent to KRW 154,856,893 from October 15, 2013 and the entire purport of the pleadings.
2. Determination as to the cause of action
A. According to the facts found in the determination as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff the amount of KRW 154,856,893, which is the amount of unpaid goods, and the damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act, from July 19, 2014 to November 28, 2014, which is the delivery date of a copy of the complaint of this case, from July 28, 2014, and from the following day to the day of full payment, to the day of full payment.
B. According to each evidence in the judgment as to the claim against Defendant B, since C, which was a joint representative director of Defendant A, resigns from the position of joint representative director and director on November 29, 2012, and thereafter registered as the only in-house director after Defendant B, Defendant A had full control over the company. Defendant A has the form of a legal entity but merely takes the form of a legal entity, and it is recognized that it is merely a personal company of Defendant B, which is behind the legal entity. Thus, Defendant B is also liable for the payment of unpaid goods.
Therefore, Defendant B and the Plaintiff jointly and severally agreed with Defendant A, as the price for the goods unpaid in this case, KRW 154,856,893, which is the price for the goods unpaid.