beta
Text
1. The Plaintiff:
A. Defendant A Co., Ltd. shall pay 60,900,390 won and the interest thereon from June 3, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs the meat processing manufacturing and selling business, etc., and the Defendant A (hereinafter “Defendant A”) is a company that runs the wholesale and retail business of livestock products.
B. From August 31, 2015 to February 28, 2016, the Plaintiff supplied Defendant A with the total amount of KRW 28,213,740,00, such as Han-gu head, Han-do head, and Han-do head, etc. The Plaintiff was returned goods equivalent to the total of KRW 516,60,00, such as Han-do head, Han-do head, and Han-do head. From March 2, 2016 to April 1, 2016, the Plaintiff supplied goods equivalent to the total of KRW 44,046,020, such as Han-do head, Han-do branch, and the bones, and other goods returned among them, such as 10,842,710, and bones.
C. Meanwhile, on March 1, 2016, Defendant B guaranteed the Defendant A’s obligation to pay goods to the Plaintiff, and the guarantee period was set from March 1, 2016 to February 28, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 2, 9, Eul evidence 2 and 3, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts found above, Defendant A is obligated to pay as the principal debtor the amount of KRW 60,90,390 (i.e., the amount of goods supplied to the Plaintiff: KRW 72,259,760 - the amount of goods returned 11,359,370) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 3, 2016 to the date of full payment, as sought by the Plaintiff.
B. According to the facts of the recognition as above, Defendant B is a joint and several surety, barring any special circumstance, and Defendant B’s joint and several surety KRW 3,203,310,00, not paid from March 1, 2016 to April 1, 2016 (i.e., the amount of goods supplied: KRW 44,046,020 - the amount of goods returned 10,842,710), and as sought by the Plaintiff, it is reasonable for the Defendant to dispute the existence or scope of the obligation of the instant case from May 23, 2016 to April 25, 2017, which is the date the instant judgment is rendered.