beta
Text
1. The Defendants jointly share KRW 700,000,000 and interest rate of KRW 20% per annum from April 1, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the business of manufacturing and selling synthetic resin, and Defendant A is the representative director of C Co., Ltd. (hereinafter “C”) who runs the business of manufacturing and selling plastic products, and Defendant B has been in charge of accounting such as the issuance of plastic notes with C’s accounting director.
B. On May 1, 2013, the Plaintiff entered into a contract with C for the supply of engineering plastics, etc. entered into with C (hereinafter “instant supply contract”). Pursuant to the instant supply contract, the Plaintiff supplied approximately KRW 1,407,675,50 to C from May 1, 2013 to September 13, 2013 (hereinafter “instant goods”).
C. C issued and delivered to the Plaintiff a promissory note with C as the issuer from July 1, 2013 to September 13, 2013 for the payment of the price of goods under the instant supply contract, but thereafter, the said promissory note was rejected due to the default of payment due to the lack of deposits, etc.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings
2. The parties' assertion and judgment
A. At the time of the Plaintiff 1’s instant supply contract, C bears a large number of obligations due to the aggravation of financial standing. Therefore, even if the Plaintiff was supplied with the instant goods from the Plaintiff, the Defendants did not have the ability to pay the said price. The Defendants, as a representative director of C or a person in charge of the overall management of financial affairs, conspired with the Plaintiff, and had been aware of such circumstances, and had the intent or ability to pay the price for the instant goods, deceiving the Plaintiff, thereby inducing the Plaintiff to be provided with the instant goods, and concealed C’s positive property by transferring C’s claim against the third obligor to Defendant B in order to avoid compulsory execution due to the
Therefore, the defendants are the amount of damages suffered by the plaintiff due to the above joint tort.