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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 37,317,906 and the interest rate thereon from February 15, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 28, 2013, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”), under which Defendant A would supply steel materials at the site of the new construction work site of Gyeong-gun, Gyeong-gun, Gyeongnam-gun, for which Defendant A received a contract from the owner D (hereinafter “instant goods supply contract”), and the said D, Defendant B, and C jointly and severally guaranteed the Defendant’s goods payment obligation.
B. The Plaintiff from June 29, 2013 to the same year
9. By November, 199, Defendant A supplied steel products equivalent to KRW 53,948,004 in accordance with the above product supply contract.
C. On October 17, 2013, the Plaintiff filed an application for the payment order against the Defendants and D for the payment order of KRW 53,948,00,04 as well as the payment order of KRW 20% per annum from the day following the delivery of the payment order to the day of full payment (hereinafter “instant payment order”). The above payment order against D was served on October 23, 2013 and became final and conclusive as is on November 7, 2013.
On February 14, 2014, the Plaintiff drafted a D, a written statement of payment, and a written undertaking. The main contents thereof are that “D confirmed that it had a debt under the above payment order, promised to repay by April 29, 2014, and created a collateral to the Plaintiff as a security, while paying KRW 20,000,000 out of the said debt to the Plaintiff on the same day.”
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, D’s repayment of KRW 20,00,00 to the Plaintiff on February 14, 2014 shall be appropriated for damages for delay at the rate of 20% per annum for 114 days from October 24, 2013 to February 14, 2014 (= KRW 53,948,004 x 114 days x 114 days x 365 x 20%) and the remainder of KRW 16,630,098 (= KRW 20,000 - KRW 3,369,90 - KRW 369,902). Thus, the Defendants shall jointly and severally be appropriated for the principal of the remainder of the goods payment for the Plaintiff.