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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 690,000,000 and the interest thereon from March 28, 2010 to the date of full payment.
Reasons
In fact, on January 2, 2006, the Plaintiff entered into a contract to supply building materials, such as a tent, with the Defendant company operating the interior fishery business, and the Defendant B, the representative director of the Defendant company, at the time, jointly and severally guaranteed the Defendant company’s obligation to pay for the goods to the Plaintiff.
According to Articles 3(5) and 4(1) of the Agreement that was concluded at the time of the contract for supply of goods, the Plaintiff may suspend or modify the transaction in a case where justifiable grounds exist, and the Defendant Company agreed to pay interest in arrears at the rate of 25% per annum from the day following the date of the last delivery to the Plaintiff when the transaction is discontinued due to such
Since that time, the Plaintiff supplied the building materials to the Defendant Company and delayed the payment of the goods to the Defendant Company, thereby suspending the transaction on March 27, 2010.
During the transaction period, the Plaintiff supplied construction materials equivalent to KRW 5,537,628,98, and received total of KRW 4,152,382,652 as cash or promissory note. Of these, the amount of total of KRW 500,000,000 for the remainder of the total of KRW 1,885,246,336 (=5,537,628,628 - 4,152,382,652 - 50,000).
【Based on the aforementioned facts, the defendants are jointly and severally liable to pay the amount of KRW 690,00,000 and damages for delay from the day following the date of final delivery for the plaintiff out of the amount of the above goods, according to the above facts acknowledged as the grounds for determining the purport of the entire arguments and the aforementioned facts.
The Defendants asserted that they repaid the Plaintiff KRW 4,987,609,652 in excess of the amount recognized as above, but there is no evidence to acknowledge the above assertion.
Next, the Defendants agreed to deduct the Plaintiff and the Defendant from the total amount of KRW 805,200,000 (= KRW 365,200,000,000 in 206) on two occasions, among the goods payment obligations, the total amount of KRW 365,200,000 in 207, and on the other hand, part of the year 2007 and 2008.