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1. The Plaintiff:
A. Defendant A’s KRW 33,347,204 and its amount are 6% per annum from August 1, 2013 to March 31, 2016.
Reasons
1. Determination as to the cause of claim
A. 1) On January 13, 1998, the Plaintiff: (a) on January 13, 1998, as a company aimed at manufacturing and supplying two-wheeled automobiles and their parts; (b) Defendant A supplied two-wheeled automobiles and their parts from the Plaintiff; and (c) Defendant A provided a “large Motor Vehicle Agency Agreement” with the content that the price for the goods shall be paid (hereinafter “instant agency Agreement”).
(2) The Plaintiff and Defendant A concluded the instant agency contract from January 13, 1998 to 2003, setting the contract term of the instant agency from January 13, 1998, and maintaining the said contract while entering into the renewal contract, and renewed the said contract on a yearly basis from 2004 to 1 year.
3) Defendant B and C agreed on January 1, 2006, January 1, 2007, and January 1, 2008, Defendant E agreed on January 1, 2007, and January 1, 2008, at the time of renewal of the instant agency contract, to guarantee jointly and severally the obligations owed to the Plaintiff by Defendant A at the time of renewal of the instant agency contract (the agency contract was prepared at the time of each of the said joint and several guarantee agreements, and all of them are referred to as “instant agency contract”
(4) On April 26, 2013, the Plaintiff supplied 1,416,800 won for the goods (SW50) on April 26, 2013. Finally, the goods transaction under the instant agency contract with Defendant A was completed.
(5) The balance of the product price under the agency contract of this case against the Plaintiff by Defendant A is KRW 390,972,89 as of June 26, 2013, such as the entry in the claim settlement statement in attached Table 1. [Grounds for recognition] The non-contentious facts, Gap evidence 1 through 3, evidence 6 through 11, evidence 13 through 16, evidence 19, evidence 20, evidence 23, and evidence 7 (including the serial number; hereinafter the same shall apply)
each entry, the purport of the whole pleading
B. According to the above facts of recognition, Defendant A’s goods-price claim 1) KRW 57,625,695, which the Plaintiff was paid by the Defendant A, barring special circumstances (i.e., June 29, 2013) (i.e., KRW 200,000 on May 14, 2014).