물품대금 청구의 소
1. The Defendants are jointly and severally liable to the Plaintiff.
(a) KRW 68,00,000 and the attached Table 1 delay damages set out therein;
1. Facts of recognition;
A. The Plaintiff supplied steel products to Defendant B Co., Ltd. (hereinafter “Defendant Company”). The Plaintiff supplied steel products from the beginning of December 2, 2013 to July 2, 2015 and received some payments for steel products. The unpaid credit amount is KRW 286,323,612.
B. On July 10, 2015, the Defendant Company paid the Plaintiff KRW 40,00,000,00 on the pretext of the repayment of the unpaid premium, KRW 35,000,00 on July 31, 2015, KRW 50,000 on August 31, 2015, KRW 30,000 on December 31, 2015, and KRW 30,000,000 on December 31, 2015, and KRW 5,000,00 on April 6, 2016, respectively.
C. On April 18, 2016, the Plaintiff and the Defendant Company agreed to pay the amount of the goods price plus KRW 126,323,612 to the Plaintiff on the 20th of each month from January 2017 to the 20th of each month, and written a payment note (hereinafter “instant payment note”). At the time of the preparation of the instant payment note, the Defendant C, the representative director of the Defendant Company, signed and stamped the Defendant Company’s obligation to the Plaintiff to the joint and several surety.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendants agreed to jointly and severally pay the amount of KRW 126,323,612 to the Plaintiff on April 18, 2016 as KRW 2,000 on the 20th day of each month from January 20, 2017 to the Plaintiff. As such, Defendant C is the primary debtor, and Defendant C is jointly and severally and severally liable to pay KRW 2,000,000 to the Plaintiff on January 20, 2017 and pay KRW 126,323,612 to the Plaintiff until it reaches the 20th day of each month.
B. As long as the Defendants did not perform their obligations with respect to the continuous and repeated performance of their obligations up to the present time period, the Defendants are anticipated not to perform their obligations with respect to the portion of the due date, and thus, the Plaintiff need to claim in advance as to the portion of the due date.