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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 113,938,341 and the interest rate thereon from September 24, 2016 to the day of full payment.
Reasons
Basic Facts
At the request of Defendant A Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff, a corporation engaged in wholesale and retail business, such as paintings and paintings, supplied goods as a total of KRW 513,655,163 from August 2014 to October 2016. The Defendant Company paid KRW 39,716,822 out of the price of the goods and did not pay the remainder of KRW 113,938,341 (=5,65,163 - KRW 39,716,82).
Defendant B was an internal director of the Defendant Company until January 5, 2015, and at present, Defendant B, the representative of which was one in-house director, was appointed on November 15, 2013 as the assistant of Defendant B.
[Recognizing no dispute, the defendant company of the plaintiff's claim against the defendant company of the plaintiff's claim as to the grounds for the plaintiff's claim as to each of the items in Gap's evidence Nos. 1 through 11 (including additional numbers) and the whole purport of the pleading, is obligated to pay to the plaintiff 113,938,341 won of the above amount of the non-paid goods and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 24, 2016 to the date of full payment.
The plaintiff's assertion of the plaintiff's claim against the defendant B only has legal personality in the form of the defendant company, which is merely an individual company of the defendant B, and has a legal personality.
In other words, Defendant B actually manages the Defendant Company and D Company (hereinafter “related Company”). The Defendant Company and the related Company are actually a single company and are in combination with the business, and employees overlap, the capital movement between the Defendant Company and the related Company and the Defendant Company is frequent, and the assets are used in combination.
In addition, Defendant B is one in-house director of the related company, and Defendant B is the representative director of the defendant company, and Defendant B also set up the right to collateral security with the defendant company or related company as the debtor on real estate owned by himself.