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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 117,931,440 and the interest rate thereon from December 12, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On April 22, 2015, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “A”) to supply ready-mixed as KRW 64,400 per one cubic meter to the site of the F New Factory Construction Construction Work site of five parcels, such as Kimhae-si, Kimhae-si.
Defendant B Co., Ltd. (hereinafter “B”), Defendant C, and Defendant D jointly and severally guaranteed Defendant A’s obligation to the Plaintiff.
B. The Plaintiff supplied ready-mixed equivalent to KRW 117,931,440 to Defendant A during the period from April 24, 2015 to June 20, 2015 under the said supply contract.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 117,931,440, and the damages for delay calculated at the rate of 15% per annum from December 12, 2015 to the date of full payment, which is the day following the delivery of a copy of the instant complaint.
B. On October 2015, the Defendants asserted 1) agreed to conclude a sales contract with Defendant B and Defendant D, and agreed to exempt the Plaintiff from the obligation to pay the price for ready-mixeds, etc., upon entering into an agreement with Defendant C around October 2015. 2) According to the evidence Nos. 1 and 2, Defendant B agreed to a sales contract with Defendant C on October 14, 2015 for four parcels outside G in Kimhae-si, and Defendant C confirmed that the Defendant B was not liable for all construction costs, such as concrete building costs.
However, even if Defendant B agreed that only Defendant C bears the obligation to pay ready-mixeds against the Plaintiff, and Defendant B did not bear the obligation, the content of the agreement cannot be asserted against the Plaintiff, and the Defendants’ joint and several liability obligations against the Plaintiff cannot be exempted.
Therefore, the above defendants' assertion cannot be accepted.
3. Conclusion.