물품대금
The Plaintiff
A. Defendant B and D are jointly and severally liable for 27,848,196 won and its related amount from May 27, 2020 to August 20, 2020.
1. Facts of recognition;
A. The Plaintiff supplied the Defendant B Co., Ltd. (hereinafter “Defendant B”) with goods, such as Maart black chroke by May 26, 2020.
On April 13, 2020, the Plaintiff received a letter of commitment from Defendant B to pay KRW 29,071,926 to the Plaintiff the price for the goods that occurred until then, and Defendant D jointly and severally guaranteed the above goods payment obligation.
B. On April 13, 2020, the Plaintiff supplied goods to Defendant C Co., Ltd. (hereinafter “Defendant C”) and received a letter of commitment from the above Defendant to pay KRW 10,590,800 for the goods that occurred until then, and Defendant D jointly and severally guaranteed the above goods payment obligation.
(hereinafter referred to as “each of the commitments of this case”). 【No dispute exists concerning the basis for recognition, entry in Gap evidence 1 through 3 (including the number of pages), and the purport of the whole pleadings.
2. According to the above facts of determination, the amount of unpaid goods as requested by the plaintiff is determined as follows: ① Defendant B and D are jointly and severally 27,848,196 won and its payment date, and as requested by the plaintiff, from May 27, 2020 to October 27, 2020, the complaint of this case is 6% per annum as stipulated in the Commercial Act and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment; ② Defendant C and D are jointly and severally 3,590,800 won and its payment date after the payment date, and as requested by the plaintiff, they are obligated to pay damages for delay at the rate of 6% per annum from the next day to the day of full payment from October 27, 2020 to the day of full payment.
As to this, the defendants asserted that the defendants paid 10,691,250 won for additional goods to the plaintiff, but Eul evidence Nos. 1 through 5.