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Defendant B, Defendant C, Defendant C, 61,40,874 won, and each of the said money on May 30, 2020, respectively.
Reasons
1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 through 4, the Plaintiff supplied goods of KRW 112,893,420 to D operated by the Defendant Eul from March 1, 2017 to July 31, 2017; Defendant B paid KRW 89,178,479 out of the price of the above goods to the Plaintiff; Defendant B established Defendant C Co., Ltd (hereinafter "Defendant Co., Ltd"); and the Plaintiff supplied total goods of KRW 98,121,448 to the Defendant Co., Ltd until October 31, 2018; and Defendant B paid KRW 36,717,574 out of the price of the above goods to the Plaintiff.
According to the above facts, Defendant B is obligated to pay to the Plaintiff the unpaid amount of KRW 23,714,941, the unpaid amount of KRW 61,403,874, and damages for delay calculated at the rate of 12% per annum from May 30, 2020 to the date of full payment, which is the following day after the original copy of the instant payment order was served on the Defendants.
2. Judgment on the defendants' assertion
A. Defendant B asserted that the Plaintiff had already repaid KRW 23,714,941, which is the Plaintiff’s claim amount, but there is no evidence to acknowledge this.
Furthermore, Defendant B alleged to the effect that Defendant B’s obligation against Defendant B was succeeded to both Defendant B and the Defendant Company, while operating the individual business entity “D” and continuing to perform business relations with the Plaintiff. However, there is no evidence to deem that there was an agreement between Defendant B and the Plaintiff on the fact that Defendant B’s obligation against the Plaintiff was exempted from liability, and therefore, the said assertion is without merit.
B. Although the Defendant Company argues that KRW 61,403,874, which is the Plaintiff’s claim amount, is not correct, it does not accept the Defendant’s assertion as there is no evidence to acknowledge the Defendant’s assertion.
3. Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.