물품대금 등
1. The Defendants are jointly and severally liable to the Plaintiff for 446,217,546 won and the pertinent amount shall be 36.0% per annum from September 2, 2017 to the date of full payment.
1. Indication of claim;
A. On June 30, 2016, the Plaintiff entered into a contract for the supply of goods as follows (hereinafter “instant contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The representative director of the Defendant Co., Ltd. jointly and severally guaranteed the Defendant Co., Ltd’s obligation for the purchase of goods under the instant contract:
Contract goods: Price for contract: 7,840 (2,430.4kW): Contract amount: 1,657,532,80 won (including value-added tax) - Cash payment of the balance - Cash payment of KRW 165,75,753,280 within 3 days from the date of shipment - Cash payment of KRW 1,491,779,520 within 50 days from the date of shipment - Cash payment of penalty for delay - Cash payment of KRW 0.1% within 0 days from the date of shipment : 0.1%
B. On the other hand, Defendant C and D concluded a guarantee agreement with the Plaintiff on the same day with each of the above goods payment obligations of Defendant C and D up to KRW 202,963,20, and KRW 135,308,80 for each of the Defendant E and F, and KRW 101,481,60 for Defendant G, Defendant H, I, J, and K up to KRW 67,654,40 for each of the above goods payment obligations.
C. The Plaintiff supplied all goods to the Defendant Company by September 3, 2016 under the instant contract. However, the Defendant Company paid to the Plaintiff KRW 1,448,629,440 as part of the price of goods on nine occasions from August 29, 2016 to September 1, 2017.
Accordingly, the Defendant Company is obligated to pay the Plaintiff the penalty for delay calculated by the ratio of 36.5% (0.1% per day) to the remainder unpaid from October 23, 2016 after the lapse of 50 days from the date of the supply of the goods under the agreement for delay as stipulated in the agreement for delay. Since the remainder of the price of the goods paid by the Defendant Company after October 23, 2016 is preferentially appropriated for the penalty for delay as listed in the following table, the Defendant Company’s obligation against the Plaintiff is KRW 446,217,59 as of September 1, 2017.
The rate of the penalty for delay in the calculation of the principal amount shall be 11,657. < Amended by Presidential Decree No. 10904, Dec. 11, 2007>