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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,458,155,751 as well as the interest rate from January 12, 2018 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. 1) The Plaintiff established for the purpose of manufacturing and distributing food materials, etc. and the Defendant A Co., Ltd. (hereinafter “Defendant A”), which is established for the purpose of operating a lux restaurant.
A) On August 12, 2016, a contract for the supply of food materials (hereinafter referred to as “instant contract”).
(2) From August 2016, the Plaintiff supplied food materials to Defendant A’s Daejeon stores, shop stores, and office stores in accordance with the instant contract from around August 2016. The Plaintiff and Defendant A delayed the payment of the goods, thereby confirming that the total amount of the goods unpaid on May 31, 2017 was KRW 1,108,559,371 as of March 31, 2017, and paid damages for delay in installments, and concluded an agreement on the repayment of goods with 15% per annum. Defendant C and Defendant D jointly and severally guaranteed the goods payment obligation under the said agreement.
3. Nevertheless, the Plaintiff did not pay the remainder of KRW 100 million after paying only KRW 100 million out of KRW 200,000,000, which Defendant A agreed to pay by May 31, 2017.
6. 12. The Defendant sent content-certified mail to the effect that the suspension of transaction was notified to Defendant A, which was KRW 1,458,155,751.
[Reasons for Recognition] Defendant A, Defendant B, and Defendant C: Evidence Nos. 1 through 8, Defendant D with the purport of the entire pleadings: Article 208(3)3 (a) of the Civil Procedure Act
B. According to the above facts of determination, Defendant B, Defendant C, and Defendant D, the principal debtor of the above goods price liability, jointly and severally, are liable to pay the Plaintiff the amount of KRW 1,458,155,751, which is the amount payable to the Plaintiff, and the agreed damages for delay at the rate of 15% per annum from January 12, 2018 to the date of full payment, as claimed by the Plaintiff.
Defendant D is the case.