물품대금
1. The Defendant (Counterclaim Plaintiff) Company B and the Defendants are jointly and severally liable to the Plaintiff for KRW 38,100,712 and the said amount.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff and the Defendant Company entered into a trade agreement with the effect that construction, such as flooring materials, walls, and heating materials produced by the Plaintiff, and that goods for decoration are continuously sold (hereinafter “instant trade agreement”).
B. On March 30, 2018, Defendant C jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff under the instant transaction agreement, with the maximum amount of the guaranteed obligation from March 1, 2018 to March 31, 2019, and the guarantee period from March 1, 2018 to March 31, 2019, Defendant D had the maximum amount of the guaranteed obligation from June 1, 2016, and the guarantee period from June 1, 2016 to June 1, 2019.
[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff in the principal lawsuit supplied building materials, etc. to the Defendant Company in accordance with the instant transaction agreement, but the Defendant Company paid part of the price of the goods unpaid on July 2018, and did not pay the outstanding amount of KRW 98,100,712 up to that day.
Therefore, the Plaintiff’s partial claim sought payment of KRW 38,100,712 as well as damages for delay, excluding KRW 60,000,00 as guaranteed by performance guarantee insurance.
B. The plaintiff is obligated to supply the products under the order of the defendant company in accordance with the contract of this case.
However, around November 16, 2012, as a fire occurred in the factory located in Ulsan-gun, the Plaintiff failed to facilitate the supply of the goods requested by the Defendant Company, and accordingly, the Defendant Company suffered damages that the Defendant Company did not receive the total amount of KRW 246,00,000 from its customers.
Therefore, the Plaintiff is obligated to pay the Defendant Company the above KRW 246,00,000 as damages for nonperformance of the instant transaction agreement and damages for delay.
3. Determination as to the principal claim.