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1. The defendant is jointly and severally with the non-party C Co., Ltd. to KRW 56,00,000 and its amount from December 30, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a company producing high voltage power distribution plate, and the non-party C Co., Ltd. (hereinafter “non-party C”) is an electrical construction company.
B. D was responsible for the electrical construction of the FF Factory Extension Works in the name of Pyeongtaek-si E (hereinafter “instant construction”) at the first half of 2011, and upon D’s request, the Plaintiff supplied goods, such as the Electrical Team, necessary for the said construction.
C. In settling accounts with D on August 10, 201, the Plaintiff issued a tax invoice of “AR Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., “F,” “C,” “The supply price of KRW 60,000,000,000,” and “D” issued by Non-Party G Co., Ltd. (hereinafter “G”) for the payment of the said amount, and endorsed it under the name of Non-Party Co., Ltd. (hereinafter “instant check”).
The Plaintiff presented the instant check on November 30, 201, but rejected payment due to the shortage of the balance.
Accordingly, as the Plaintiff demanded D and G representative director H to pay the check money, D and H prepared a cash custody certificate stating that “G and H shall pay KRW 66,000,000 to the end of May 10, 2012 and guarantee D’s payment.” (hereinafter “the cash custody certificate of this case”).
Since then, the Plaintiff received KRW 10,000,000 from H out of the above KRW 66,000,000.
E. The Plaintiff filed a lawsuit with the Suwon District Court claiming KRW 56,00,000,00 not paid as above, as co-defendants, and damages for delay thereof. On June 4, 2015, the first instance court rendered a judgment to the effect that “the non-party company, G, H, and D shall jointly and severally pay to the Plaintiff the amount of KRW 56,00,000 and interest calculated at the rate of 20% per annum from July 24, 2014 to the day of full payment,” and the non-party company filed an appeal and appeal, but all of which was dismissed, and became final and conclusive on August 24, 2017.
Suwon District Court 2014Kadan21973, Suwon District Court 2015Na24314, Supreme Court.