물품대금
1. Defendant C and D Co., Ltd. jointly and severally against the Plaintiff KRW 53,327,890 and KRW 37,177,690 among them, respectively. < Amended by Presidential Decree No. 2890, Sep. 1, 2018>
1. Facts of recognition;
A. On February 8, 2018, the Plaintiff entered into a ready-mixed supply contract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). From February 8, 2018 to July 28, 2018, the Plaintiff supplied the Defendant Co., Ltd with ready-mixed equivalent to KRW 74,026,260 in total, between the period from February 8, 2018 and July 28, 2018, the Defendant Co., Ltd agreed to pay the Plaintiff KRW 45,065,290, which was not paid up to the time of the payment, up to August 1, 2018.
B. On August 6, 2018, Defendant Company repaid KRW 13,301,580 to the Plaintiff, and the Plaintiff additionally supplied 5,413,980 to the Defendant Company during the period from the same day to the 27th day of the same month.
C. The Plaintiff and the Defendant Company’s 347,050 won on September 5, 2018, and the same month.
8. 347,050 won, 11,071,50 won for the 13th day of the same month, 347,050 won for the 14th day of the same month, 347,050 won for the 14th day of the same month, and 17.3,690,50 won for the 16,150,200 won for each additional supply.
[Based on the recognition] Defendant Company and Defendant E: Each of the descriptions and arguments set forth in Party A’s Evidence Nos. 1 through 6 (including a branch number), Defendant D: The assertion of confession under Article 150(1) and (3) of the Civil Procedure Act
2. Determination as to claims against Defendant Company and Defendant D
A. On February 8, 2018, the Plaintiff and the Defendant Company agreed that D shall jointly and severally assume the Defendant Company’s obligation to pay for the goods to the Plaintiff at the time when the Plaintiff and the Defendant Company entered into a ready-mixed supply contract, it is deemed that Defendant D led to confession pursuant to Article 150(1) and (3) of the Civil Procedure Act.
B. According to the above facts, the defendant company and the defendant D jointly and severally agreed to the plaintiff 53,327,890 won (45,065,290 won-13,301,580 won) payable to the plaintiff and 37,17,690 won (45,065,290 won-13,301,580 won) payable to ready-mixed supplied to August 27, 2018 (45,065,290 won-13,301,580 won) and 37,17,690 won payable to ready-mixed supplied to the plaintiff from September 1, 2018 to September 6, 2018 to be supplied from September 27, 2018.