beta
(영문) 창원지방법원 2019.06.13 2019가합50161

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 637,621,317 and KRW 104,338,090 among them, from March 1, 2018, and KRW 145,063.

Reasons

1. Facts recognized;

A. On December 21, 2017, the Plaintiff and D Co., Ltd. (hereinafter “D”) entered into a contract with the Plaintiff on the supply of steel products to D and the payment of the price to D at the end of the month following the supply date, and if delay is delayed, the Plaintiff entered into a contract with the Plaintiff on the payment of the price for the goods plus damages for delay calculated at the rate of 17% per annum. The Defendants jointly and severally guaranteed the obligation to pay the price for the goods to D

B. From January 1, 2018 to July 7, 2018, the Plaintiff supplied steel products of KRW 2,936,340,497 in aggregate to D. However, only KRW 2,298,710,180 was paid, and the Plaintiff was not paid KRW 637,621,317 in aggregate as indicated in the following table.

The purport of all pleadings and arguments held by each Party is as follows: (a) the amount of goods, the payment of which by the time limit for supply is unpaid until February 28, 2018; (b) KRW 104,338,09,090 on February 31, 2018; (c) KRW 145,063,259 on March 31, 2018; (d) KRW 282,412,9 on April 31, 2018; and (e) KRW 51,458,40 on May 31, 2018; and (e) KRW 637,621,317 on August 31, 2018; and (e) KRW 51,458,40 on May 30, 2018; (e) the purport of all pleadings and arguments held by Party A

2. According to the facts established as above, the Defendants jointly and severally and severally and severally liable to the Plaintiff for a joint and several liability for the amount of goods to be paid to the Plaintiff totaling KRW 637,621,317 and KRW 104,338,090, which is payable for the goods supplied on January 1, 2018, and KRW 145,063,259, which is payable for the goods supplied on February 2018, with the payment deadline for KRW 282,412,935, which is the date following the payment deadline for the goods supplied on April 1, 2018, with respect to KRW 282,412,935, which is payable for the goods supplied on April 1, 2018, KRW 51,458,400, which is payable on the goods supplied on May 1, 2018, the Defendants are liable to pay damages for delay from the payment deadline of KRW 2018 to 35.18

3. Conclusion, the Plaintiff’s claim against the Defendants.