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(영문) 광주지방법원 2018.06.19 2016가단529470
물품대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 143,783,700 as well as its annual interest from December 13, 2016 to June 19, 2018.

Reasons

1. Facts of recognition;

A. On February 2010, the Plaintiff entered into an agency contract with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) and supplied the original to Nonparty Co., Ltd.

B. Around April 2013, Nonparty Company closed its business, and up to which time the credit amount of KRW 178,930,960 was transferred by Defendant B Co., Ltd. (hereinafter “Defendant Company”), and newly concluded an agency contract with the Plaintiff on August 1, 2013.

C. The transaction of original supply with the Plaintiff and the Defendant Company was suspended on November 2015. Until that time, the price of the goods that the Defendant Company did not pay was KRW 143,783,700 (hereinafter “the price of the goods”). D.

Defendant A was appointed as the representative director on January 18, 2010, which was established by Nonparty A, but resigned on November 2010.

In addition, the defendant company was established on October 10, 2012 and resigned on February 4, 2013, and thereafter the defendant company was appointed as the representative director of the defendant company on February 4, 2016.

Defendant A held 50% of the shares issued by Nonparty A, and the Defendant Company also holds the same percentage of shares.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 8, 9, Eul evidence 2 and 3

2. As to the claim for the price of goods against the Defendant Company, the Defendant Company was present at the date of pleading once and recognized the obligation to pay the price of the goods.

Therefore, the Defendant Company is obligated to pay to the Plaintiff KRW 143,783,700 and delay damages therefor (as the Plaintiff seeks, 5% per annum as prescribed by the Civil Act from December 13, 2016 following the day following the delivery of the complaint to June 19, 2018, and 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment).

3. As to the claim against the defendant A

A. (1) In light of the following circumstances, the defendant A is the actual owner and operator of the defendant company, and the defendant company is the external owner of the defendant company.

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