매매대금
1. The Defendant shall pay to the Plaintiff KRW 9,672,597 and the interest rate of KRW 12% per annum from January 13, 2018 to the date of full payment.
From April 1, 2017 to November 18, 2017, the Plaintiff supplied D Co., Ltd. with string equipment, such as strings, and did not receive KRW 38,01,810. The Defendant jointly and severally guaranteed KRW 9,672,597 from September 2017 to September 2017, and agreed to pay the price of goods by installments from January 1, 2018 to December 2018, it is deemed that the Defendant was led to confession pursuant to Article 150 of the Civil Procedure Act as the Defendant does not clearly dispute this.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the above price of KRW 9,672,597 and damages for delay.
Accordingly, the Defendant asserts that the instant litigation procedure should be interrupted since rehabilitation procedures for D, a primary debtor, are in progress. Thus, according to Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act, the rehabilitation plan does not affect the right of rehabilitation creditors or rehabilitation secured creditors against the debtor's guarantor for whom rehabilitation procedures commence, and other persons who bear obligations jointly with the debtor for whom rehabilitation procedures commence. Therefore, the Defendant's assertion on a different premise is without merit.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from January 13, 2018, which is the day following the delivery date of the complaint, to the day of full payment, as agreed by the Plaintiff, from January 13, 2018 to the day of full payment.
Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating Justices.