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Reasons
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(영문) 서울중앙지방법원 2015.10.15 2015가합519537
손해배상(기)
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1. Of the instant lawsuit, the lawsuit against Defendant D Co., Ltd. and E shall be dismissed.

2. The plaintiff's defendant B and C.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a legal entity that runs the sales business of building materials, trade business of building materials, etc., and F is the representative director of the Plaintiff. 2) Defendant D Co., Ltd. (hereinafter “D”) is a legal entity that runs home network system business, construction materials wholesale and retail business, etc., and Defendant B was an internal director of Defendant D.

3) Defendant E Co., Ltd. (former trade name was “Company G,” but was changed as of February 4, 2009.

hereinafter referred to as “E”

(2) On March 15, 2007, Defendant D and E (hereinafter “Defendant Company”) concluded a single T&P Co., Ltd. and a special agency contract (hereinafter “the instant agency contract”) with a company that runs the wholesale and retail business of electrical and electronic equipment, construction materials wholesale and retail business, etc., and Defendant C is the representative director of Defendant E.

The content is that the defendant company imports the printed films for housing from the Japanese Top Bank and supplies them to the single Top Bank, and the single Top Bank sells the printed films for housing delivered by the defendant company and pays the contract fee to the defendant company.

2) At the time of the instant agency contract, the Plaintiff jointly and severally guaranteed the obligation owed by a single T&P to the Defendant Company in accordance with the instant agency contract. 3) A single L&P bears 610,079,932 won to the Defendant Company as a result of the sales in March 2009. However, on May 6, 2009, only repaid only KRW 200 million, and did not pay the balance by May 15, 2009.

On May 19, 2009, the Defendant Company notified that the instant contract was terminated as of May 16, 2009 on the ground that the said goods were not paid.

C. On September 14, 2009, the first single L&C case against the Defendant Company at the Seoul Southern District Court.

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