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1. Defendant B Co., Ltd.: 41,55,600 won to the Plaintiff and 6% per annum from June 26, 2016 to October 4, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the business of manufacturing, selling, leasing, and providing information and communications devices.
B. Around October 2014, the Plaintiff intended to supply LGplos, etc. to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”). However, when the Defendant Co., Ltd. was in a small size so that the shipment of products was difficult under the Plaintiff Co., Ltd.’s regulations, the Plaintiff, upon consultation between the Plaintiff and the Defendant, provided that the Plaintiff would find an intermediate tax invoice processing company, and then requested the Plaintiff and the Defendant Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to conduct an actual transaction at the request of the Plaintiff and the Defendant Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to provide the Defendant Co., Ltd. with LGplos amounting to KRW 87,55,600.
C. However, the Defendant Company did not pay the price for the above goods to the Plaintiff, and the Plaintiff requested the Nonparty Company to pay the price for the goods at the intermediate intervals with only the tax invoice processing.
Therefore, between the Plaintiff and the Plaintiff on August 27, 2015, Defendant A, the representative director of the Defendant Company, made payment to the Plaintiff by subrogation of the non-party company regarding KRW 87,55,600, which is to be paid by the non-party company to the Plaintiff, on four occasions each month from September 25, 2015, and paid KRW 3,000,000 on five occasions each month from January 25, 2016, and paid KRW 4,00,000 each month from January 25, 2016, and made an agreement to pay the balance on June 25, 2016 (hereinafter “instant subrogation agreement”). The Defendant Company jointly and severally guaranteed it.
However, as the defendant company did not pay the price of the goods, the plaintiff filed a lawsuit against the non-party company as Seoul Southern District Court 2015da242935 on December 2, 2015 to seek payment of KRW 87,55,600 for the price of the goods.
E. During the above lawsuit, Defendant A paid KRW 2,00,000 to the Plaintiff, and the Defendant Company around February 25, 2016.