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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 69,952,00 as well as to the day of full payment from September 16, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company aimed at manufacturing and selling ready-mixed, etc., and Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in construction business, etc.
B. On July 29, 2013, the Plaintiff entered into a supply contract with the Defendant Company (hereinafter “instant contract”) and supplied the Defendant Company with ready-mixeds and asphalts equivalent to KRW 165,330,000 by April 9, 2014 from the same date.
C. The Defendant Company paid KRW 95,378,000 to the Plaintiff as the price for goods.
[Recognition] Defendant Company: The fact that there is no dispute over Defendant B and C; Gap's evidence Nos. 1, 2, 3, 4, and 6; the purport of the whole pleadings
2. According to the above facts finding as to the claim against the Defendant Company, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 69,952,00 (165,330,000 - 95,378,000) payable to the Plaintiff and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from September 16, 2015 to the date of full payment, as the Plaintiff seeks.
3. Determination as to claims against Defendant B and C
A. On the grounds delineated below the Plaintiff’s assertion, Defendant B and C are jointly and severally liable to pay the Plaintiff the amount of KRW 69,952,00 for the goods unpaid and the delay damages therefor.
1) Defendant B and C guaranteed the Plaintiff the obligation to pay the goods according to the instant contract to the Plaintiff. (2) Defendant B and C promised the Plaintiff to pay the goods price obligations under the instant contract to the Plaintiff.
B. The plaintiff's ground for judgment 1
3.(a)
1. The statement of No. 5 on the purport that Defendant B and C guaranteed the joint and several debt owed to the Plaintiff by Defendant B and C in the part of the claim against the Plaintiff is insufficient to acknowledge this part of the Plaintiff’s assertion, and there is no other evidence to acknowledge it.