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(영문) 의정부지방법원 2015.10.23 2014가합10080
물품대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 112,838,985 and the interest rate thereon from May 30, 2015 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant B

A. The Plaintiff is a merchant engaged in textile and trade wholesale business with the trade name of “D,” and the Defendant Company B (hereinafter “Defendant Company”) is a company engaged in the manufacture, wholesale, retail business, etc. of the original group and clothes, and the Plaintiff supplied the original group at the request of the Defendant Company from March 6, 2014 to June 28, 2014. However, the Defendant Company did not pay KRW 112,838,985.

Therefore, the defendant company is obligated to pay the above 112,838,985 won and damages for delay.

(b) Each entry in the judgment by means of service by public notice based on recognition (Article 208(3)3 of the Civil Procedure Act) 1 through 3 (including branch numbers, if any)

2. Determination as to the claim against Defendant C

A. The Plaintiff asserts that the Defendant C is jointly and severally liable for the payment of the goods supplied to the Defendant Company according to the legal doctrine of the denial of legal personality. Accordingly, according to the overall purport of the entry and pleadings as stated in the evidence No. 1-2, it is acknowledged that the Defendant C is the sole internal director of the Defendant Company, but the above fact of recognition is merely a corporate form, but is merely a corporate form borrowed from the form of a legal entity.

or is only used as a means to avoid applying the law to Defendant C.

(see Supreme Court Decision 2008Da82490, Feb. 25, 2010). It is insufficient to recognize that there is a lack of evidence to acknowledge it, and there is no other evidence to acknowledge it.

B. In addition, the plaintiff asserts that the defendant C is jointly and severally liable for the payment of the price for the goods supplied to the defendant company by the director's liability to a third party under Article 401 of the Commercial Act. Thus, Article 401 of the Commercial Act provides that the director neglects his duties due to bad faith or gross negligence.

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