beta
Text
1. The Defendants jointly and severally committed against the Plaintiff KRW 27,457,793 and Defendant A from March 31, 2015 to November 9, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that carries on the combined freight forwarding business and the freight transport business, and Defendant A is a trade company, which is called “C,” and Defendant B was a person who actually holds and operates the dispute resolution committee D (former trade name: E in the case of the change; hereinafter referred to as “non-party company”) on November 25, 2014, and was appointed as a director and a representative director of the non-party company on February 16, 2015 and resigned only on February 16, 2015.
On the other hand, on November 25, 2014, Defendant A was appointed as an internal director of the non-party company, but was appointed as the representative director of the non-party company on February 16, 2015.
B. At the time of the use of the trade name in E-the-counter partnership agreement, the transaction with the Plaintiff was suspended because it was impossible for the non-party company to pay part of the transport fee to the Plaintiff. On December 22, 2014, Defendant B discussed about the Plaintiff’s working-level employee F and the Plaintiff’s repayment and resumption of the transaction with the non-party company. Accordingly, F could not resume the transaction with the non-party company before the non-party company fully pays its obligations to the Plaintiff, but the non-party company is jointly and severally liable with the third party.
C. Defendant B requested Defendant A to allow Defendant A to issue a tax invoice in the name of “C” because the non-party company cannot engage directly in a transaction with the Plaintiff due to the outstanding amount owed to the Plaintiff. Defendant A accepted the above request and provided Defendant B with a copy of the business registration certificate of “C” and an e-mail address to receive the electronic tax invoice.
From January 9, 2015, the Plaintiff: (a) transported the goods at Defendant B’s request (hereinafter “the instant transaction”); and (b) issued each electronic tax invoice of KRW 4,480,581 in total, 2 cases on January 15, 2016; (c) 9,312,00 on January 31, 2016; (d) 9,827,500 on February 15, 2016; (e) 1,174,840 on February 28, 2016; and (e) 13,365,320 won on March 15, 2016; and (e) 3,253,810 won on March 31, 2016; and (e) 1,174,840 won on February 28, 2016.
E. Defendant A.