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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 105,49,680 and KRW 54,970,080 among them, from October 1, 2018 to 50,529.
Reasons
1. Facts of recognition;
A. On November 8, 2017, the Plaintiff agreed with the Defendant Company B (hereinafter “Defendant Company”) to supply ready-mixed with the Defendant Company, and the price of the goods was paid within 60 days after the end of the month of supply (hereinafter “instant contract”), and the Defendant Company C jointly and severally guaranteed the Defendant Company’s obligation to pay the price of the goods.
B. At the time of the instant contract, the Defendant Company agreed to lose the benefit of time and pay the price of the goods immediately after the end of each month when it violates the payment deadline.
C. From April 13, 2018 to November 23, 2018 under the instant contract, the Plaintiff supplied the Defendant Company with the three specifications (the unit price per one cubic meter is KRW 66,300, respectively (Standard 25-21-120), 69,600 (Standard 25-24-120), 63,300 (Standard 25-18-120), respectively), and the aggregate amount of the goods is KRW 137,532,120.
The Plaintiff received 32,032,440 won from the Defendant Company from April 2, 2018 to June 2018, but failed to receive the payment of 35,830,080 won for July 35, 2018, as well as 16,383,840 won for August 2018, as well as 2,756,160 won for September 2, 2018, as well as 105,49,680 won for ready-mixed.
[Ground of recognition] Facts without dispute, entry of Gap 3 to 12 evidence (including each number), the purport of the whole pleadings
2. According to the above facts of determination, the Defendants jointly and severally filed an appeal against the Plaintiff regarding the remaining amount of 105,49,680 won of ready-mixed and the amount of 54,970,080 won of ready-mixed from July 1, 2018 to September 2018, which the Plaintiff seeks from October 1, 2018, 50,529,600 won of ready-mixed from November 1, 2018 to December 1, 2018, where it is deemed reasonable for each Defendants to dispute about the existence or scope of their respective obligations from December 1, 2018 to August 14, 2019; and 5% per annum under the Civil Act from the next day to the date of full payment; and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.