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1. Defendant B Co., Ltd.: (a) KRW 70,366,292 for the Plaintiff and 5% per annum from September 1, 2015 to March 30, 2017.
Reasons
1. Basic facts
A. The Plaintiff as a party is a person engaged in fibering and processing business with the trade name “E” in Daegu-gu D located, and Defendant B is a company engaged in fibering in F located in Daegu-gun, and Defendant C is a person who was appointed as the representative director of Defendant B’s company around March 1995 and around February 2012, 201 after pressinging the trade name “B” from March 1995 to March 2012.
B. From January 1, 1999 to March 2012, the Plaintiff supplied raw materials with crating and salt processing at the request of Defendant C. From April 2012 to August 2015, the Plaintiff supplied raw materials with crating and salt processing at the request of Defendant B.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff’s assertion remains due from January 1, 1999 to August 2015, the sum of KRW 446,346,087, as shown in the current transaction details of discretionary processing from around January 1, 199 to around August 201.
Defendant C operated “B” with the trade name of “B” and operated the fiber business at the same time as Defendant B, which is a juristic person, and requested the Plaintiff to continue the transaction by having both Defendant B and Defendant C, which are a juristic person, jointly and severally liable. By August 2015, Defendant C supplied the raw materials which were crating and salted to Defendant B until August 2015.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the unpaid amount of KRW 446,346,087 and damages for delay.
3. Determination
A. Determination as to the claim against Defendant C on March 201, 201 as to the claim for credit payment arising from the continuous transaction contract prior to the previous transaction agreement, barring any special circumstance, is individually from the time each credit payment claim arising from an individual transaction occurs.