물품대금
1. The Defendants jointly and severally committed against the Plaintiff KRW 118,335,360 and Defendant C Co., Ltd. from November 3, 2018.
1. The Plaintiff entered into a contract for the supply of ready-mixed with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on December 2, 2016, and supplied ready-mixed to the construction site site site site (hereinafter “the construction site of this case”) located in Gyeongbuk-gun, the Defendant Co., Ltd., Ltd. (hereinafter “instant construction site”); the Plaintiff’s payment of ready-mixed supplied to the construction site of this case from December 2, 2016 to September 2, 2017 was 217,224,480 won in total; Defendant D jointly and severally guaranteed the Defendant Co., Ltd.’s obligation to pay ready-mixed funds to the Plaintiff of the Defendant Company. There is no dispute between the parties.
According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff the remaining KRW 118,335,360 after deducting the amount of KRW 98,89,120, which the plaintiff was paid, from the amount of KRW 217,224,480 of the supply price of ready-mixed, and damages for delay.
2. Judgment on the defendants' assertion
A. As to this, the Defendants asserted that they paid the Plaintiff additional KRW 50 million with the price for ready-mixed, but it is not sufficient to recognize only the description of the evidence No. 4, and there is no other evidence to acknowledge it.
B. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 118,335,360 for unpaid ready-mixeds and the following day after the Defendants were served with the authentic copy of the instant payment order; Defendant Company from November 3, 2018; Defendant D from October 16, 2018 to May 31, 2019; Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; and Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019) on statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); and damages for delay calculated by 15% per annum from the following day to the date of full payment.
3. Conclusion, the plaintiff .