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1. The Defendants jointly and severally with D to the Plaintiff KRW 59,657,00 and Defendant B Co., Ltd. on December 2, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs the manufacturing business of ready-mixeds, etc.
B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) conducted the Construction of Loan Loans (hereinafter “instant Construction”) on the land, etc. in the Southern Sea E.
C. On July 5, 2016, the Plaintiff entered into a contract with the Defendant Company to supply ready-mixeds at the construction site of this case, and D jointly and severally guaranteed this.
The Plaintiff refused to supply ready-mixed as the outstanding amount of the Defendant Company increased while supplying ready-mixed at the construction site of this case.
Around January 4, 2017, Defendant C, a inside director of the Defendant Company, included the part arising from the king around January 4, 2017, and as a joint and several surety for the Plaintiff of the Defendant Company, the Plaintiff supplied the Defendant Company with ready-mixed again.
E. From July 11, 2016 to March 23, 2017, the Plaintiff supplied ready-mixed (2,380 cubic meters) equivalent to a total of KRW 176,457,000 at the construction site of this case at the instant construction site.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings
2. The Plaintiff’s determination as to the cause of the claim is that the Defendant Company received KRW 116,80,000 from the Defendant Company. As such, the Defendants are jointly and severally liable with D to pay damages for delay calculated at the rate of KRW 59,657,00,00, which is the day following the service of the original payment order in this case, and Defendant C is liable to pay damages for delay calculated at the rate of KRW 15% per annum from December 5, 2017 to the day of full payment, which is the day following the service of the original payment order in this case.
3. The defendants' assertion and judgment
A. The Defendants’ assertion is the Plaintiff F Co., Ltd. (hereinafter “F”).
The Defendant Company intended to receive the price from the F and to pay to the Plaintiff, but the F did not pay the price to the Plaintiff.
Accordingly, the plaintiff is directly paid to F.