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The defendants are jointly and severally liable to the plaintiff 139,481,00 won and 5% per annum from March 1, 2020 to July 31, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff, which had engaged in livestock products distribution business under the trade name of “D”, supplied livestock products to Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) from January 2015, and Defendant C is the representative of the Defendant Co., Ltd.
B. The Defendant Company was supplied with goods on credit from the Plaintiff and traded with the Plaintiff by way of partially repaying the amount of monthly credit payment.
C. However, around September 2016, Defendant Co., Ltd. entered into a bond repayment agreement with 148,804,744 won (hereinafter “the first bond repayment agreement”) and Defendant C jointly and severally guaranteed the obligation to repay the goods to the Plaintiff of the Defendant Co., Ltd. (hereinafter “the first bond repayment agreement”). As of October 31, 2016, the first bond repayment agreement confirms that the amount of credit is 148,804,744 won as of October 31, 2016. ② The Defendants paid 5,000,000 won in addition to the amount of goods supplied in the month prior to the first month and reduced the amount of credit by paying 10% or more of the amount of the order to the Plaintiff each month, and then reduced the amount from the amount of credit amount to 10,000,000 won, and Defendant Co., Ltd again entered into the bond repayment agreement with the Plaintiff Co. 1, 2019.
Through the second bond repayment agreement, the Defendants confirmed that (i) the credit amount to be paid to the Plaintiff as of October 31, 2018 is KRW 191,185,113 (i.e., KRW 169,185,113 (i.e., KRW 22,00,00) and KRW 6,582,237, which is the monthly sales amount of October 2018; and (ii) from November 1, 2018, the Defendants confirmed that the amount of the credit amount to be paid to the Plaintiff as of October 31, 2018 was KRW 1,50,000 per month, separately from the sales amount due to a decline in trading volume and excessive compensation due to credit payment.