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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 37,600,00 and the interest rate thereon from May 23, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff was a company operating the construction business, etc. of the year, and from October 2009 to around the year of the housing constructed by Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), the construction was completed several times by subcontracting the construction business. However, the Defendant Co., Ltd. did not pay KRW 37,60,000 out of the construction price to the Plaintiff.
B. On December 17, 2015, Defendant Company: (a) drafted a letter of payment stating that “The Defendant Company shall pay the Plaintiff KRW 37,600,000,000, which shall be treated from time to time by the division until December 31, 2018; (b) shall be treated as the balance until December 18, 2016, including KRW 5,000,000,000 until December 18, 2017, and KRW 10,000,000 until December 18, 2017; and (c) shall be treated as the balance until December 31, 2018. If the above matters are not observed, it shall confirm all civil and criminal responsibilities.”
C. The Defendant Company did not pay the above construction cost to the Plaintiff, and the Plaintiff filed the instant lawsuit.
[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 4, the purport of the whole pleadings]
2. Determination
A. According to the facts of recognition as to the claim against the Defendant Company, the Defendant Company is obligated to pay the Plaintiff the amount of KRW 37,600,000 due to the payment of the construction price and damages for delay calculated at the rate of 15% per annum from May 23, 2017 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case.
B. The plaintiff in determining the claim against the defendant B is the representative director of the defendant company and the defendant B's spouse as the inside director. Although it has the form of a legal entity externally, in substance, it is merely the private company of the defendant B behind the legal entity and is a means to avoid the application of the law against the plaintiff. Thus, the defendant B is jointly and severally liable with the defendant company to pay the construction price of this case to the plaintiff in accordance with the legal principle of denial of legal personality.