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1. The Defendants are jointly and severally liable for 20,067,442 won and the Defendants’ amounting to 6% per annum from August 1, 2015 to January 17, 2016.
Reasons
1. Determination as to the Defendant’s ethyl Construction
A. The Plaintiff’s indication of the claim is a company that engages in the wholesale business of lecture pipes and piping materials, and entered into a goods supply contract with the Defendant Company, Inc., Ltd. (hereinafter “Defendant Company”). On February 27, 2015 and March 31, 2015, the Plaintiff supplied the Defendant Company with goods equivalent to the aggregate of KRW 49,105,188, including pressure pipes, etc., for pressure pipelines, but the price of the goods currently unpaid is KRW 20,067,442, the amount of the goods unpaid is KRW 20,067,42, and the payment for delay shall be paid by the Defendant Company at a rate of 6% per annum as stipulated in the Commercial Act from August 1, 2015 to the final delivery date of a copy of the complaint of this case, and by 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts.
2. Determination as to Defendant A
A. 1) The Plaintiff, a company engaged in the wholesale business of lecture pipes and piping materials, signed a goods supply contract with the Defendant Company on February 27, 2015 and on March 31, 2015, supplied the Defendant Company with goods equivalent to KRW 49,105,188 in total, including pressure pipes, and supplied the Defendant Company with goods equivalent to KRW 49,105,188. (2) On July 16, 2015, Defendant A drafted a payment note stating that Defendant A and the Defendant Company promised to pay KRW 49,105,188, to the Plaintiff by July 31, 2015.
3) Accordingly, the Defendant Company paid 29,037,746 won to the Plaintiff and paid 29,037,746 won to the Plaintiff and paid 20,067,442 won for the goods unpaid as of time. [Grounds for recognition] There is no dispute, and Gap evidence Nos. 1 through 5 (Evidence Nos. 1 through 5) included each number, and the purport
B. According to the above facts of recognition, Defendant A prepared a letter of payment to the effect that it guarantees the obligation of the Defendant Company to the Plaintiff, and further, the Plaintiff and the Defendant Company.