물품대금
1. The Defendants are jointly and severally liable to the Plaintiff for 249,477,825 won and the interest rate of 20% per annum from June 1, 2015 to the date of full payment.
1. Basic facts
A. From April 2, 2015 to May 19, 2015, the Plaintiff supplied the Defendant Company A (hereinafter “Defendant Company”) with totaling KRW 385,862,500, and the Defendant Company paid KRW 160 million out of the rice purchase price to the Plaintiff from April 17, 2015 to May 19, 2015.
B. As the Plaintiff did not pay the remainder of the purchase price of KRW 225,862,50 (=385,862,500 - 160 million) to the Defendant Company, the Plaintiff suspended the supply of rice to the Defendant Company from June 2015.
C. On November 17, 2015, the Plaintiff and the Defendant Company agreed to pay KRW 125,862,500 (= KRW 225,862,500 - KRW 100 million) out of the unpaid purchase price until November 26, 2015, and the remainder of KRW 125,862,50 (i.e., KRW 225,862,500) by December 31, 2015; Defendant B guaranteed the Defendant Company’s obligation to pay the purchase price to the Plaintiff.
From November 17, 2015 to November 30, 2015, the Plaintiff additionally supplied the Defendant Company with rice equivalent to KRW 78,534,225 in total.
E. On December 23, 2015, the Plaintiff and the Defendants agreed to pay the Plaintiff a full payment of the unpaid purchase price by January 15, 2016, in addition to delay damages at the rate of 20% per annum from June 1, 2015 if the said payment date falls short of the foregoing payment date.
F. From November 16, 2015 to January 15, 2016, Defendant Company paid KRW 54,918,900 to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff supplied the Defendant Company with rice equivalent to a total of KRW 464,396,725 won (= KRW 385,862,50 + KRW 78,500 + KRW 78,534,225) and received 214,918,900 out of the purchase price from the Defendant Company (= KRW 160 million + KRW 54,918,900 + KRW 54,900). Since the Defendant Company Company jointly and severally guaranteed the Defendant Company’s obligation to pay the purchase price to the Plaintiff, the Defendants jointly and severally agreed to the Plaintiff (= KRW 464,396,725 KRW - KRW 214,918,90) and the amount thereafter.