beta
Text
Defendant B’s KRW 11,264,100 for the Plaintiff, and its amount from July 1, 2020, Defendant C’s KRW 7,564,100 for the Plaintiff and its amount.
Reasons
1. Determination as to claims against Defendant B and C
A. The Plaintiff, by September 7, 2019, supplied used materials, etc. to Defendant B to Defendant C until October 4, 2018, but failed to receive the goods amounting to KRW 11,264,100 from Defendant B, and KRW 7,564,00 from Defendant C. As such, the said Defendants are liable to pay each of the above amounts and damages for delay to the Plaintiff.
(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of each applicable provisions of Acts;
2. In full view of the purport of the argument in Gap evidence Nos. 5 through 7 as to the claim against defendant D, the plaintiff is obligated to pay damages for delay calculated at the rate of 12% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 3, 2020 to the date of full payment, as the plaintiff supplied 19,521,300 won at defendant D's request, and the amount unpaid out of the price of the above goods is recognized as 14,972,00 won. Thus, barring any special circumstance, the defendant D is obligated to pay to the plaintiff damages for delay calculated at the rate of 12% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 3, 2020 to the date of full payment.
As to this, Defendant D asserts to the effect that the amount of the goods price claimed by the Plaintiff is excessive calculated, and that most of the three-year extinctive prescription expires, the claim for the goods price is extinguished.
However, Defendant D directly entered the remaining balance in the Plaintiff’s account book after he/she repaid part of the goods to the Plaintiff by June 17, 2019, and Defendant D entered Defendant D’s balance in the Plaintiff’s account book as KRW 15,072,00 on June 17, 2019. Finally, Defendant D’s entry in the Plaintiff’s account book in the Plaintiff’s account book in the amount of KRW 15,072,00 does not conflict between the parties, or it is recognized by comprehensively considering the overall purport of the pleadings as a whole (after that, Defendant D’s additional repayment of KRW 10,000 to the Plaintiff, the remainder of the goods price in the Plaintiff’s account book is KRW 14,972,00). Thus, Defendant D’s excessive calculation of the amount