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1. The Defendant’s KRW 42,380,00 for the Plaintiff and 5% per annum from May 23, 2013 to June 19, 2014.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition (1) C has operated the freezing facility business with the trade name “D” by lending the Plaintiff’s business name, and has used the Plaintiff’s account in the name of the Plaintiff.
The defendant decided to help and receive the price from C so that C may take the construction of freezing equipment, etc.
(2) In the process, C transferred and lent from the account under the Plaintiff’s name to the account under the name of Defendant-friendly E, KRW 10 million on December 22, 2010, and KRW 10 million on March 10, 201, respectively.
(3) On December 17, 2010, C concluded a construction contract with F Co., Ltd. in the name of the Defendant’s business to ensure that the construction of freezing warehouses is KRW 250 million between F Co., Ltd. and F Co., Ltd. in the name of the Defendant’s business.
(4) On March 3, 2011, C transferred KRW 30 million from the account under the Plaintiff’s name to the account under the Defendant parent’s name in relation to the installation of freezing warehouses under the above paragraph (3).
(5) In the event that the Plaintiff had a duty to pay the price for the goods equivalent to KRW 42.38,00 won to Samsung Panel Plant Plant Co., Ltd. (hereinafter “Tsung Plant”), C demanded the Defendant to pay the price for the goods instead of the payment for each of the above paragraphs (2) and the above paragraphs (4).
Accordingly, on July 15, 2011, the Defendant agreed to take over the Plaintiff’s 4,2380,000 won obligation for the Plaintiff’s Samsung Team plant (hereinafter “instant agreement”).
(6) However, the Defendant did not pay the said money to the Samsung Panel Plant, and accordingly, the Samsung Panel Plant filed a lawsuit against the Plaintiff and C with the Daegu District Court (Tgu District Court 201Gadan61612) stating that “The Plaintiff and C, the actual representative, jointly and severally, shall pay the goods price of KRW 4,238,000 and delay damages.” The Daegu District Court filed a lawsuit against the Plaintiff (Tgu District Court 201Gadan61612). The Daegu District Court on January 19, 2012, and the Plaintiff’s claim against the Plaintiff on December 27, 2010.