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1. Defendant B Co., Ltd.: (a) KRW 32,181,160 for the Plaintiff and 5% per annum from August 1, 2018 to August 1, 2019.
Reasons
1. The Plaintiff’s determination on Defendant B, from February 23, 2016 to July 21, 2018, supplied ready-mixeds equivalent to KRW 573,844,700 to Defendant B (hereinafter “Defendant B”); Defendant B agreed to pay the Plaintiff the price of ready-mixed after the issuance of the Plaintiff’s tax invoice; Defendant B paid the price of ready-mixeds in KRW 541,663,540 until June 25, 2018; the Plaintiff issued the final tax invoice to Defendant B on July 31, 2018, and there is no dispute between the parties.
Therefore, Defendant B is obligated to pay to the Plaintiff the remaining amount of 32,181,160 won (573,844,700 won - 541,663,540 won) and damages for delay calculated at the rate of 5% per annum under the Civil Act from August 1, 2018 to August 1, 2019, on which the copy of the complaint in this case was delivered to Defendant B, and the damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. The Plaintiff asserted that Defendant C Co., Ltd. (hereinafter “Defendant C”) jointly and severally guaranteed the Defendant C’s obligation to pay back containers to the Plaintiff on February 17, 2016. However, according to the evidence No. 1, as of February 17, 2016, the representative of Defendant C at the time of February 17, 2016 is not the representative director D (e.g., resignation on February 15, 2016 and the resignation registration was completed on February 16, 2016) as a director E, so the Plaintiff’s above assertion is without merit.
Furthermore, on February 17, 2016, the Plaintiff deceivings the Plaintiff by preparing a column for joint and several surety under Defendant C’s name on February 17, 2016, and Defendant C, as an employer of F, is liable for compensating for damages to the Plaintiff’s price. However, it is not sufficient to acknowledge only the descriptions of the evidence No. 2 and No. 7. The Plaintiff’s assertion is without merit, as there is no other evidence to acknowledge it.
3. The plaintiff's conclusion against the defendant B.