물품대금
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
1. The reasoning for this part of the judgment of the court is as follows, except for the modification of the text of the judgment of the court of first instance as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 2, part 11 "A" shall be added to "Plaintiff A".
The "the same day" in the 2nd 12th eth eth eth 1,00 shall be changed to " July 2015".
The balance of the price as of September 20, 2016 shall be KRW 403,506,082, interest KRW 23,375,413, total of KRW 426,881,495,” and the balance of the principal of the price for the goods as of September 20, 2016 shall be KRW 403,506,082 (hereinafter referred to as “principal of the price for the goods in this case”), as of September 20, 2016 (hereinafter referred to as “the principal of the price for the goods in this case”), and there shall be no new commodity transaction between the original and the Defendant after the said base date.”
Part 3 4 (Reasons for Recognition) add "A 8 to 11 (including paper numbers; hereinafter the same shall apply)" to "F witness of the trial court".
2. Determination as to the cause of action
A. According to the above basic facts, Defendant B, joint and several sureties, Defendant C, and D, a joint and several sureties, shall jointly and severally pay the principal amount of the instant goods price to the Plaintiff pursuant to the instant agreement, barring any special circumstance.
B. Meanwhile, from March 23, 2017 to February 2, 2018, the Defendants repaid to the Plaintiff a sum of KRW 247,018,876 as indicated in the “amount of repayment” column, and there is no dispute between the parties as such amount was appropriated for the repayment of the principal amount of the instant goods.
Therefore, the details of specific appropriation and calculation of interest are as shown in the attached list [Attachment]. The defendants jointly and severally do not pay 156,487,206 won (=247,018,876 won - 247,018,876 won) out of the principal amount of the price of the goods of this case which was intended to be established by the plaintiff to the plaintiff among the total amount of 403,506,506,082 won - 247,018,87,166 won as requested by the plaintiff and the amount of delay damages under the ratio of the balance of the non-payment for each section (14.5% per annum) between 15,987,124 won and 61,520,30