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1. The Defendants jointly pay to the Plaintiff KRW 39,250,043 and the interest rate thereon from July 10, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs the wholesale business of electrical equipment and appliances.
Defendant B engaged in the electrical construction business under the trade name of “D,” and established Defendant C Co., Ltd. (hereinafter “Defendant Company”) on July 9, 2014, and was appointed as the representative director of the Defendant Company around that time.
B. From October 2007, the Plaintiff supplied Defendant B, who operated D with electric materials, settled the price at the end of each month, and traded by the method of paying the price for the following month. The unpaid material price as of July 31, 2014 is KRW 53,098,118.
C. Meanwhile, as Defendant B established the Defendant Company on July 9, 2014, the Plaintiff continued to supply electrical materials to the Defendant Company following D, and the price of the materials that the Plaintiff had not received is KRW 39,250,043 as of June 5, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, 7, and 10 (including paper numbers), the purport of the whole pleadings
2. In light of the following: (a) prior to the determination of the cause of the claim, the Defendant Company acquired D’s business from the Defendant Company; (b) the Defendant Company is incorporated into the Defendant Company; (c) the employees of D and the Defendant Company have no substantial change in its business entity; (d) the location of D and the Defendant Company is the same as that of the electrical construction business; and (e) the business purpose is the same as that of D and the Defendant Company’s personal information and material resources are not considerably changed; and (d) the Defendants do not have any different opinion as to this part, it is reasonable to deem that the Defendant Company acquired D’s business from the Defendant Company; and (d) insofar as the trade name of the “D” and the “C”, the Defendant Company’s trade name and the “E”, the main part of which are
Comprehensively taking account of these circumstances and the above facts acknowledged, the Defendants jointly pay to the Plaintiff the material price of KRW 39,250,043 and delay damages.