물품대금
1. The defendant shall be jointly and severally and severally with limited liability companies D and E to KRW 90,491,810 and its related amount from March 30, 2019 to June 20, 2020.
1. Determination on the Plaintiff’s assertion of the cause of claim
A. A. Around December 2017, the Plaintiff entered into a contract for the supply of ready-mixed with a limited liability company D (hereinafter “D”) and the Defendant and E jointly and severally guaranteed the obligation of ready-mixed to be borne by D to the Plaintiff.
The Plaintiff supplied ready-mixed to D between around that time and around March 29, 2019, but did not receive KRW 90,491,810 out of the amount of ready-mixed.
[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings
B. According to the above facts, unless there are special circumstances, the Defendant, a joint and several surety, jointly and severally with D and other joint and several surety E, shall be jointly and severally liable for the payment of the amount of KRW 90,491,810 payable to the Plaintiff, and the Plaintiff, who is deemed reasonable to dispute the existence or scope of the Defendant’s obligation from March 30, 2019, following the last supply of ready-mixed, has partially reduced the claim amount after the filing of the instant lawsuit.
Until June 26, 2020, which is the date of the adjudication of this case, the parties are obligated to pay 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. As to the determination of the Defendant’s assertion, the Defendant asserts to the purport that it is unreasonable to seek the Defendant’s full payment of the price of the non-paid ready-mixed, even though it is necessary to claim against the Defendant, on the ground that the joint guarantor E, for the purpose of securing the claim for the payment of the price of ready-mixed, has set up the right to collateral with the maximum debt amount of KRW 83,00,000, the maximum debt amount is KRW 83,000.
On the other hand, the fact that the defendant guaranteed the defendant's obligation to pay back to the plaintiff is examined in paragraph 1, and the creditor is jointly and severally liable.