beta
Text
1. The Defendants shall jointly and severally pay 150,000,000 won and the interest rate of 12% per annum from April 7, 2020 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff entered into a maritime transport contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) from May 2018 to November 2019 (hereinafter “instant maritime transport contract”) for the performance of maritime transport entrusted by the Defendant Company (hereinafter “instant maritime transport contract”), and the monthly transport charge was paid within 90 days from the date of transaction.
B. In spite of the Plaintiff’s performance of shipping duties in accordance with the instant maritime transport contract, the Defendant Company did not pay transport charges after August 2019. On January 8, 2020, the Defendant Company entered into an agreement to pay the Plaintiff the unpaid transport charges of KRW 313,69,420 (hereinafter “instant payment agreement”) by March 31, 2020. Defendant C and Defendant D, the representative director of the Defendant Company, and the business director, were jointly and severally guaranteed the said payment agreement on the same day.
C. Under the instant payment agreement, the Defendant Company repaid to the Plaintiff totaling KRW 163,69,420 (= KRW 70,459,245, KRW 83,240,000, KRW 10,000 on January 31, 2020, KRW 163,240,00 on February 28, 2020, KRW 83,240,175 on June 4, 2020, KRW 70,459, KRW 245, KRW 10,00,00, KRW 83,240,175).
[Based on the recognition] Defendant Company and C: The absence of dispute, each entry in Gap’s evidence Nos. 3 through 5, and the purport of the whole pleadings as to Defendant D: Confession (Article 150(3) and (1) of the Civil Procedure Act)
2. According to the facts established prior to the determination of the cause of the claim, the Defendant Company is obligated to pay the Plaintiff the agreed amount of KRW 313,69,420 as stipulated in the instant payment agreement, KRW 150,00,000, excluding KRW 163,69,420, the Plaintiff was paid by the Defendant Company (i.e., KRW 313,69,420 - KRW 163,69,69,420 - KRW 169,420), and the delay damages therefor. Defendant C and D are jointly and severally liable to pay the Plaintiff the agreed amount of KRW 150,00,000 as a joint and several surety of the Defendant Company and jointly with the Defendant Company.
3. According to the conclusion, the Defendants jointly and severally file for the Plaintiff KRW 150,000,000 and the same.