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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 55,945,595 and the interest rate thereon from August 13, 2016 to the date of full payment.
Reasons
1. The Plaintiff and the Defendant Company entered into a goods supply contract on March 14, 2016. The payment deadline is determined by the end of the month following the date the goods are received; Defendant A’s joint and several liability within the limit of KRW 110,00,00 with respect to the payment obligations under the above contract against the Plaintiff by the Plaintiff; and the Plaintiff supplied Defendant A with the goods, such as 65,945,595 won, by March 31, 2016 under the above contract, may be recognized by comprehensively taking into account all the disputes between the parties or the entire purport of the pleadings as set forth in the evidence No. 1 through 3.
On the other hand, the plaintiff is a person who received KRW 10,000,000 from the defendants' payment for goods.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining amount of KRW 55,945,595 ( KRW 65,945,595-10,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from August 13, 2016 to the date of delivery of the instant payment order, which the Plaintiff seeks, as of the last day of the month following the date of payment of the final goods.
2. The Defendants asserted as to the Defendants’ assertion that the method and deadline for the payment of the remaining amount of KRW 55,945,595, while recognizing the Plaintiff’s entire obligation to the Plaintiff, the Defendants made a verbal determination that “the Defendant would pay the construction amount to the Plaintiff when the payment was made from the original office.”
However, there is no evidence that conforms to the Defendants’ assertion.
Article 5 of the contract for the supply of goods concluded by the Plaintiff and the Defendants is only defined as the deadline for the payment of the goods, and as the last day of the following month.
(A) On the other hand, the defendants submitted a written objection to the decision of recommending reconciliation of this case along with a record of recording in accordance with their arguments.
The purpose of the recording is to submit the recording.