A. From December 7, 2013 to February 2, 2014, the Plaintiff supplied steel products equivalent to KRW 426,456,091 (including value-added tax) to Company B (hereinafter “B”) whose representative is the Defendant. However, Company B paid only KRW 239,589,736 out of the price of the said goods, and did not pay the remainder of KRW 186,866,355. The Defendant guaranteed KRW 100,000,000 out of the price of the said goods to the Plaintiff on April 7, 2014.

B. On June 2, 2014, the Plaintiff applied for a payment order against B with the Seoul Southern District Court 2014Guj9437 to seek the payment of the unpaid goods, and issued a payment order against B, “B shall pay the Plaintiff KRW 186,866,355 with interest rate of 6% per annum from April 1, 2014 to June 13, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter “payment order against B”). The said payment order was finalized on June 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the defendant is obligated to pay the plaintiff 90,000,000 won among the goods price obligations of B guaranteed by the defendant among the goods price obligations of 100,000,000 won guaranteed by the defendant, and the delay damages therefor, unless there are special circumstances.

B. (1) The Defendant’s argument on the Defendant’s assertion of reimbursement (1) held a claim against C Co., Ltd. (hereinafter “C”), but C paid KRW 180,00,000 to the Plaintiff on behalf of B on August 14, 2014. On the same day, the Plaintiff prepared and issued a deposit sheet stating “(ju)B’s claim repayment amount of KRW 180,000,000,000” to C. The Defendant’s assertion was already paid KRW 180,000 out of the goods payment obligation of B.

Even if the plaintiff was paid the amount less than the amount specified in the above deposit sheet, the plaintiff is stated in the above deposit sheet.