Text
1. The Defendant is jointly and severally and severally with the Plaintiff KRW 46,50,600 and the period from August 5, 2017 to December 22, 2017.
Reasons
1. On June 23, 2017, the Plaintiff entered into an order form contract between the Defendant and the Defendant at the time of supplying ready-mixed to the Defendant. At this time, B jointly and severally guaranteed the Defendant’s obligation to pay back-mixed.
From May 30, 2017 to August 4, 2017, the Plaintiff supplied the Defendant with ready-mixed equivalent to KRW 96,500,600, and only received KRW 50 million from the Defendant.
Therefore, the Defendant, jointly and severally with the Plaintiff, has a duty to pay to the Plaintiff 46,50,600 won (=96,500,600 won - 50 million won) and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from August 5, 2017 to the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
2. The judgment based on the admission of confession (Article 208(3)2 of the Civil Procedure Act) is that the defendant raised a formal objection after being served with the original copy of the payment order of this case, but did not submit a specific written response, and did not appear on the date of pleading, and thus, the plaintiff's assertion is deemed to have been led