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1. Defendant B’s KRW 34,456,548 among the Plaintiff and KRW 32,00,000 among the Plaintiff, 6% per annum from July 4, 2014 to March 2, 2015.
Reasons
1. The Plaintiff asserted that the Plaintiff filed a lawsuit against D (hereinafter “Nonindicted Company”) seeking the payment of the construction cost. On July 3, 2014, the Plaintiff was ordered from the Seoul Western District Court (2013Na31964) to pay 32 million won to the Nonparty Company and 6% per annum from March 23, 2013 to July 3, 2014; and damages for delay calculated at the rate of 20% per annum from the next day to the day of full payment (hereinafter “instant final judgment”); the judgment became final (hereinafter “instant final judgment”); the representative director of the Nonparty Company or the auditor of the Nonparty Company used the construction cost after receiving the construction cost of the Nonparty Company, and the Plaintiff was not paid the judgment.
In fact, the non-party company is a company incorporated by the defendants as a single-person of the defendants, and thus, the defendants are obligated to pay the above judgment to the plaintiff.
2. Facts of recognition and judgment
A. The facts of recognition (1) The non-party company was established for the purpose of civil engineering and design business on November 25, 2010, and the defendant B owned 100% of shares (10 million won paid-in capital) and the defendant C was registered as the wife of the defendant B as the auditor.
(2) The final and conclusive judgment of this case pertains to the agreed construction cost on June 27, 201, and the Plaintiff filed a lawsuit on February 20, 2013. The final and conclusive judgment of this case became final and conclusive on December 11, 2014 by the Supreme Court following the Plaintiff’s appeal and the Nonparty Company’s appeal.
(3) On May 8, 2013, Defendant B, separate from Nonparty Company, established a civil engineering company called “Co. E” and took office as a representative director.
(4) At the time of settlement of accounts of Nonparty Company on December 31, 2012, the amount of the short-term loans to Defendant B was stated as KRW 41,89,763, and KRW 48,39,763 was entered at the time of settlement of accounts of December 31, 2013.
Despite reflecting the assets of short-term loans, the net income of the non-party company is only KRW 569,000 at the time of settlement of accounts on December 31, 2013.
(5) The Plaintiff.