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1. Defendant B and C shall jointly and severally pay to the Plaintiff KRW 1,665,163,835 as well as the full payment from April 20, 2017.
Reasons
1. Indication of claim;
A. On October 15, 2010, the Plaintiff entered into a supply contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on drugs produced by the Plaintiff (hereinafter “the first contract”) and renewed the said contract on February 1, 2017.
(hereinafter “Renewal Agreement”). At the time of each of the above contracts, Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the obligation to pay goods to the Plaintiff of the Defendant Company.
B. The Plaintiff’s supply of medicines to the Defendant Company by February 8, 2017 under the initial and renewed contract is KRW 2,184,889,963.
C. Meanwhile, the Plaintiff and the Defendant Company determined in the first contract that “the products supplied by the Defendant Company from the Plaintiff are owned by the Plaintiff until before the settlement is completed.” The renewed contract states that “The Plaintiff shall have ownership of the products until the Defendant Company pays the total amount of the goods, and the Plaintiff may recover the products sold by the Plaintiff from the Defendant Company when the Defendant Company’s failure to pay the goods or any other sign of default occurs.” The Defendant Company defaulted on February 10, 2017.
Accordingly, on February 27, 2017, the Plaintiff filed a lawsuit on April 4, 2017, against the Defendant Company’s inventory drugs equivalent to KRW 519,726,128 of “the Plaintiff’s ownership pursuant to the initial and renewed contract, even though the Plaintiff supplied the Defendant Company with the purchase of corporeal movables, and did not receive the price, and accordingly, filed a lawsuit on this issue.
On June 8, 2017, this Court rendered a favorable judgment on June 2017 as non-litigation 6150, and it became final and conclusive on June 27, 2017.
E. Therefore, Defendant Company and Defendant C (Co-sureties) jointly and severally with the Plaintiff, and the unpaid amount of KRW 2,184,889,963 calculated by subtracting the value of inventory drugs to be received by the Plaintiff through the said lawsuit from KRW 519,726,128 from the value of the remaining goods, and the remaining KRW 1,65,163,835.