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1. The Defendants each of the KRW 32,000,000 to the Plaintiff and each of them, Defendant A from August 24, 2017 to Defendant B, and Defendant B from September 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff engaged in wholesale and retail business of steel products and construction-related materials. From March 2016, the Plaintiff traded with D engaging in manufacturing and selling steel structures with the trade name “C”.
B. As of April 3, 2017, D’s price for the goods unpaid to the Plaintiff was KRW 30,450,580,000. D’s price was KRW 64 million at par value, issuer’s unification planning, issue date, April 6, 2017, and the due date of payment on an electronic bill dated 26, 2017 (hereinafter “electronic bill of this case”) to the Plaintiff and deliver it to the Plaintiff. As of April 3, 2017, D’s price for the goods payable to the Plaintiff was KRW 33,549,420, which was deducted from the due price for the goods. With the Plaintiff’s consent, D’s goods supply contract (Evidence 1) was prepared between the Plaintiff and D.
Meanwhile, after supplying D with goods equivalent to KRW 33,549,420, the Plaintiff additionally supplied goods equivalent to KRW 17,047,701 from June 15, 2017 to July 19, 2017, and received KRW 17,029,90 as the price for goods from D.
C. However, the electronic bill of this case was processed in default on June 26, 2017, and on June 30, 2017, the letter of payment (Evidence 6, 200,000,000 as of the amount of KRW 64 million paid to the Plaintiff on April 21, 2017 (in default on payment on June 26, 2017) was prepared by the debtor, C, and D, a joint guarantor, stating that “The amount of KRW 10,60,000 as of the amount of goods deposited on April 21, 2017, shall be paid to the Plaintiff from July 1, 2017 to December 31, 2017, and shall be paid KRW 11,00,000 as of December 12, 20, and there is no objection even in the process of the payment.”
Until now, the Plaintiff was unable to receive all the money from C or D in the above statement of payment.
D Aon July 7, 2017, the Defendants, their children, jointly succeeded to D’s property as 1/2 shares.
[Ground of Recognition] Facts without dispute, Gap's 1 to 10, 12 to 15 (including paper numbers), witness E's testimony and pleading.