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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. C operated the freezing fishery products sales business, etc. with the trade name “D,” but the name of the representative was B.
The defendant is the mother of C.
B. On April 12, 2011, the Plaintiff entered into a trade agreement with C and fishery products, and the agreement signed and sealed B as the other party to the transaction, and the Defendant and C signed and sealed B as the joint and several guarantors.
The Plaintiff (hereinafter referred to as “A”) and B (hereinafter referred to as “B”) agree with respect to the payment of the price for goods supplied by Party A to Party B as follows:
Article 3 (Payment of Price of Delivered Goods): (2) Payment shall be made in cash from the first day of each month to the last day of the following month.
(Provided, That in the event of delay of payment, it shall be paid to A, including the additional dues of 12.5% per annum. Article 4 (Transaction Limit) shall be 20 million won per annum and may be adjusted according to the supply volume in consultation with A.
Article 6 (Compensation for Delay) If the benefit of the deadline is lost pursuant to Article 5, the balance of the price of the goods shall be 14.5 percent (14.5%) per annum in the payment rate for delay.
C. The Plaintiff suspended the delivery from September 2012 on the grounds that the Plaintiff supplied fishery products to C from January 2012 in accordance with the credit transaction agreement, and did not receive the price for the goods. On October 11, 2012, the Plaintiff received KRW 1.5 million as the price for the goods to C.
C signed the signature of the principal, B, and the Defendant on October 15, 2013, stating that “The balance of the credit transaction of fishery products supplied to the Plaintiff as of October 7, 2013 is KRW 21,042,640, and is to be settled as soon as possible,” written confirmation of credit transaction balance between the Plaintiff, B, and C.
E. On October 21, 2013, C paid KRW 8 million to the Plaintiff as the price for goods.
[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1, 2, and 3, testimony of witness E, purport of whole pleadings
2. Summary of the parties' arguments;
A. Plaintiff C on October 1, 2012