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1. As to KRW 28,402,124 and KRW 16,547,743 among them, Defendant C and the Plaintiff jointly and severally with E Co., Ltd., on November 2015.
Reasons
1. Facts of recognition;
A. From October 2015 to November 5, 2015, at the request of E Co., Ltd. (hereinafter “Nonindicted Company”) from October 2015 to November 5, 2015, the Plaintiff supplied F plant construction, G construction, and H plant construction sites with commodities, such as steel bars. The Plaintiff was not paid KRW 36,542,256 from Nonparty Company’s purchase price claim amount.
B. On October 27, 2015, Defendant C drafted and issued a payment guarantee letter stipulating that the Plaintiff shall pay KRW 16,547,743,00 to the Plaintiff by November 15, 2015, and the amount of KRW 11,854,381,00,000,000 to be supplied to the new site of G construction by November 4, 2015, respectively.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings
2. Determination as to the Plaintiff’s claim against Defendant C
A. According to the above facts, Defendant C is obligated to pay to the Plaintiff 28,402,124 won and 16,547,743 won among them from November 16, 2015, 11,854, and 381 won from November 21, 2015 to November 15, 2018, which is clear in the record that it is the delivery date of the application for the payment order of this case, 6% per annum under the Commercial Act from the following day to May 31, 2019, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 3(1) of the Addenda to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); the statutory interest rate of Article 2(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 251975, May 219, 2019).
B. As to this, Defendant C pays part of the price for the prepaid goods supplied to the entire construction site when the Plaintiff supplies the prepaid goods to the non-party company at the construction site. The Plaintiff and the non-party company reduces the outstanding amount.