beta
Text
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 281,96,910 and the interest rate thereon from April 27, 2016 to the date of full payment.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. On March 26, 2015, the Plaintiff and the Plaintiff Company B (hereinafter “B”) entered into a contract for the supply of ready-mixed (standard 25-24-150) (standard 25-24-150) of ready-mixed (standard 25-24-150) to be used by the Plaintiff for Seo-gu C (hereinafter “instant construction”) in Gwangju, Seo-gu, in one cubic meter (hereinafter “instant construction”). The Defendants jointly and severally guaranteed the Plaintiff’s obligation to pay ready-mixed (hereinafter “instant supply contract”) on the same day.
(2) Under the instant supply contract, the Plaintiff supplied ready-mixed equivalent to KRW 581,96,910 in total to B from March 30, 2015 to October 24, 2015, and received KRW 300,000,000 from B.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, witness D's testimony, purport of whole pleadings
B. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of 281,96,910 won for ready-mixed (281,96,910 won - 300,000 won) and damages for delay calculated at the rate of 15% per annum from April 27, 2016 to the date of service of the original copy of the instant payment order to the date of full payment.
2. Judgment on the defendants' assertion
A. (1) The Defendants’ assertion that the payment period has not yet arrived when entering into the instant supply contract with the Plaintiff. Upon the completion of the instant construction, the Defendants agreed to pay the amount of ready-mixed to the Plaintiff after receiving the new building as security. Since B did not receive any loan, the payment period for the payment of the amount of ready-mixed has not yet arrived.
(2) (a) If it is recognized that the seal affixed to the person under whose name the document is affixed is affixed with the seal affixed to the person under whose name the document is written, barring special circumstances.