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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 99,744,912 and the interest rate thereon from October 28, 2016 to the day of full payment.
Reasons
Basic Facts
Upon the request of Defendant A Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff, a corporation engaged in wholesale and retail business, such as paintings and rectangulars, supplied goods as a total of KRW 144,808,90 from December 2014 to April 2015. The Defendant Company paid KRW 45,063,987 out of the price of the goods and did not pay the price of the goods (i.e., KRW 14,808,900 - KRW 45,063,987).
Defendant B is managing the Defendant Company as an internal director who is the representative of the Defendant Company and as a shareholder of 100%.
[Recognizing no dispute, the defendant company of the plaintiff's claim against the defendant company of the plaintiff's claim as to the grounds for the plaintiff's claim for each of the items in Gap's evidence Nos. 3 through 8 (including additional numbers) and the whole argument's grounds for claim, is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 28, 2016 to the date of full payment, which is clear that the original copy of the payment order of this case was served on the defendant company.
The plaintiff's assertion of the plaintiff's claim against the defendant B only has legal personality in form only, and the fact that the defendant company only has legal personality is a shareholder of 100%, and is a mere individual company of the defendant B.
In other words, Defendant B is practically managing the Defendant Company and C Co., Ltd. (hereinafter “related companies”), and the Defendant Company and related companies are actually combined with the business as a single company, employees overlap, the capital movement between the Defendant Company, the related companies and the Defendant B frequently takes place, and the assets are used in combination.
In addition, Defendant B is the inside director of the related company and the inside director of the related company D, the representative of the related company, and the defendant B set up a collateral security with the defendant company or related company's real estate owned by himself as the debtor.
Therefore, the defendant company and the defendant B are in this case.