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1. Defendant C shall pay to the Plaintiff KRW 34,506,00,00 per annum from April 26, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On September 3, 2015, the Plaintiff entered into a contract for the sale of trees equivalent to KRW 30,000 (unit price of KRW 1,500), equivalent to KRW 45,00,000 (unit price of KRW 1,500), and KRW 2,000 (unit price of KRW 3,000) for two-years (unit price of KRW 3,000) with Defendant C, and on December 30, 2015, the Plaintiff delivered the said trees and the Defendant C decided to accept them.
B. By December 1, 2015, the Plaintiff delivered to Defendant C an amount equivalent to KRW 46,50,500, totaling KRW 46,506,000, totaling KRW 12,000, totaling KRW 27,500, and KRW 1,752, and KRW 5,256,00,00,000, whichever was paid to Defendant C. However, the Plaintiff did not receive KRW 34,506,000, totaling that amount.
C. From March 2, 2016, Defendant C prepared a payment note with the purport that the Plaintiff shall pay 34,506,000 won of unpaid trees by March 15, 2016 to the Plaintiff by March 15, 2016.
The defendants are married couple.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading
2. Determination
A. According to the above facts, barring any special circumstance, Defendant C is obligated to pay to the Plaintiff the amount of KRW 34,506,000, and damages for delay calculated at the rate of 15% per annum from April 26, 2016 to the day of full payment, which is the day following the delivery of the complaint of this case sought by the Plaintiff, to the day of the delivery of the complaint of this case. (2) The above Defendant’s error that the amount of KRW 10,000, which is delivered by the Plaintiff, is less than the standard, and thus, there is a defect that the amount of KRW 1,00,000, which is equivalent to the purchase price. However, there is no evidence to acknowledge this, the above Defendant’s assertion is without merit.
B. 1 Plaintiff’s assertion as to Defendant B led, the above Defendant entered into the instant tree sales contract with Defendant C, received trees directly, and the Plaintiff is liable to pay the purchase price of trees. The above Defendant shall jointly and severally pay the Plaintiff the purchase price of trees not entered in the purport of the claim.