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(영문) 울산지방법원 2018.01.30 2017가단383
매매대금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 116,133,019 and the interest rate thereon from January 17, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the manufacture and wholesale and retail business of sandbrid board, etc. The Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in real estate development business and other incidental business, and Defendant B is the representative of the Defendant Company.

B. The Plaintiff supplied the materials from April 2016 to June 2016 to Defendant Company, and was not paid KRW 116,13,019 out of the price of the materials.

[Reasons for Recognition] Each entry (including serial number) in Gap evidence Nos. 1 through 5, the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts of recognition as to the claim against the Defendant Company, the Defendant Company is obligated to pay to the Plaintiff the unpaid KRW 116,133,019, and damages for delay at the rate of 15% per annum from January 17, 2017 to the full payment day following the delivery day of the copy of the complaint of this case sought by the Plaintiff.

B. As to the claim against Defendant B (1), the Plaintiff offered panel materials at the request of the Defendants, and the Defendant B also argued to the effect that it bears the obligation to pay KRW 116,133,019 out of the price of the material as a party to the above supply contract, but there is no evidence to acknowledge this.

The plaintiff's assertion in this part is not accepted.

(2) In light of all the circumstances, the Plaintiff: (a) the Defendant Company owned more than a majority of the Defendant Company; (b) the Defendant Company transferred considerable money from October 2015 to June 2016 in managing the Defendant Company’s account by means of account transfer to the Defendant Company’s personal use; (c) the Defendant Company’s account was paid with the card personal use from the Defendant Company’s account; (d) the Defendant Company’s capital was merely KRW 10 million; and (e) the Plaintiff did not have a general meeting of shareholders or the board of directors of the Defendant Company’s account; and (e) the Defendant Company was in the form of a corporate company but actually behind the Defendant Company.

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