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1. The Defendants jointly and severally liable to the Plaintiff KRW 146,866,00 and Defendant B from November 17, 2016 to November 10, 2017.
Reasons
1. The assertion and judgment
A. According to Gap evidence Nos. 1 through 3 (including paper numbers), and the purport of witness D’s testimony and pleading as to the cause of the claim, the plaintiff is a wholesaler of fishery products. The defendants are women engaged in the fishery products sales business together, and the plaintiff supplied destroyed articles and other dry articles to the defendants from November 1, 2015 to November 16, 2016, but did not receive 146,86,000 won out of the price of destroyed articles (16,10,500 won out of the price of destroyed articles and other dry articles).
According to the above facts of recognition, the defendants are jointly and severally liable to pay the remaining amount of KRW 146,866,00 and the delay damages therefor to the plaintiff.
B. Defendant B’s assertion that the Plaintiff supplied fishery products to the Defendants at a price higher than that of other companies and demanded the Plaintiff to reduce the supply price on several occasions. However, since the Plaintiff neglected the Defendants’ request, the Plaintiff’s assertion that the amount of fishery products to be paid to the Plaintiff should be reduced to the amount calculated at the supply price of other companies. However, there is no evidence to acknowledge the above assertion.
Rather, according to the statements in Gap evidence 2-1 to 3 and Gap evidence 3 and witness D's testimony, the plaintiff is aware that during the aforementioned transaction period, the kind, quantity, and unit price of fishery products to be supplied between the defendants and the defendants were traded by mutual agreement.
Therefore, Defendant B’s above assertion is without merit.
C. Ultimately, the Defendants are jointly and severally liable to the Plaintiff for the remaining amount of KRW 146,866,00 and the amount of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 17, 2016, the day following the delivery date of the above final delivery date to November 10, 2017, the delivery date of the copy of the complaint; Defendant C shall be 6% per annum under the Commercial Act until March 9, 2017, the delivery date of the copy of the complaint; and each of them shall be 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the