물품대금
1. Defendant B Co., Ltd. and Defendant C jointly and severally with the Plaintiff KRW 29,582,940, and KRW 20,162,540, among them, shall be jointly and severally assessed against the Plaintiff.
1. Basic facts
A. On November 7, 2016, the Plaintiff entered into a contract with Defendant B (hereinafter “Defendant B”) to supply ready-mixeds to the field of Gwangju area performed by Defendant B (hereinafter “instant supply contract”).
B. From November 8, 2016 to January 30, 2019, the Plaintiff supplied ready-mixed equivalent to KRW 210,637,020 at the relevant Gwangju District, and received KRW 190,474,480 from the Defendant B.
C. On August 30, 2017, the Plaintiff entered into a contract with the content of supplying ready-mixeds to the Sinsi-si E (hereinafter “instant supply contract”). D.
From August 31, 2017 to December 19, 2018, the Plaintiff supplied ready-mixeds equivalent to KRW 51,303,230 to the above E site, and received KRW 41,882,830 from Defendant B.
E. Defendant C signed and sealed the instant supply contract (main document) as a joint and several surety.
F. On September 12, 2018, Defendant D entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with Defendant C on the real estate listed in the separate sheet owned by Defendant C (hereinafter “instant apartment”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) under the Suwon District Court’s receipt No. 89635 on September 13, 2018.
G. Defendant C is the sum of F, the representative director of Defendant B, and Defendant D is the penalty of Defendant C.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, 6, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings
2. Determination as to claims against Defendant B and Defendant C
A. According to the facts established prior to the determination as to the cause of the claim, Defendant B’s remainder of KRW 29,582,940 (=the remainder of KRW 20,162,540 (=the balance of KRW 210,637,020 - 190,474,480) under the supply contract of this case) is the remainder of KRW 9,420,40 (=51,303,230 - 41,882,830), and the Defendant C is the remainder of KRW 20,540 under the supply contract of this case.