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1. Revocation of a judgment of the first instance;
2. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 153,244,171 as well as on March 24, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation that runs the business of manufacturing and installing steel products.
around December 2012, the Defendants completed business registration (mutually referred to as “D”) under the name of Defendant C and jointly engaged in the steel product business. Defendant C was in the position of the chief of the management office, and Defendant B was in the position of the management director.
B. From April 21, 2014 to September 21, 2015, the Plaintiff supplied the Defendants with steel materials worth KRW 246,813,202 in total.
C. The Plaintiff issued and delivered, from September 1, 2014 to August 18, 2015, bills worth KRW 410,000 in total, to the Defendants from around September 1, 2014, with a view to having the Defendants obtain financing from a third party.
The Defendants have provided funds at discount to the Plaintiff at maturity and paid the amount of the bill to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13 (including provisional number), the purport of the whole pleadings
2. According to the above facts of determination, the defendants are jointly and severally liable to pay to the plaintiff 656,813,202 won (=246,813,202 won 410,000 won) calculated by deducting 503,569,031 won already paid to the plaintiff (=656,813,202 won - 503,569,031 won) 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 March 24, 2017 to the day following the delivery of a copy of the claim and the application for change of the cause of the claim sought by the plaintiff (=6,813,202 won - 503,569,031 won).
As to this, the Defendants asserted that they paid to the Plaintiff both the steel materials purchase price and the face value of bills. However, in addition to the above KRW 503,569,031, which the Plaintiff had already received from the Defendants, there is no evidence to deem that the Defendants paid the steel materials purchase price and the face value of bills additionally to the Plaintiff. Therefore, the Defendants’ assertion is without merit.
3. Conclusion.