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1. The Defendants jointly and severally committed against the Plaintiff KRW 130,903,378 and the Defendant A with respect thereto from August 1, 2017.
Reasons
1. As to the cause of claim
A. The facts of recognition 1) Defendant A registered his/her business as “D” with the name of “D” on October 29, 2015 at the place of business of the Nam-gu Incheon Metropolitan City, Nam-gu, and Defendant B is the actual operator of the above D. (2) The Plaintiff agreed on June 24, 2016 to produce and supply materials/gold terms to the Defendants on June 24, 2016 under the Defendants’ drawings or orders, and the price that was not paid by October 28, 2016 is KRW 130,903,378.
3) On November 1, 2016, the Plaintiff filed an application with the Defendant A for a payment order seeking the payment of the said goods under the Suwon District Court Branch Decision 2016 tea1098, and Defendant A filed an objection on the grounds of defect and implemented the said lawsuit as a lawsuit. 4) On December 8, 2016, the following day after the said lawsuit was withdrawn, the Plaintiff agreed with Defendant B on the payment schedule as follows:
(hereinafter referred to as “instant agreement”): 2.40,00,000 won on January 31, 2017: 50,000,000 won on February 28, 2017: Settlement of any balance and value-added tax on March 30, 2017.
However, at the time of completion of the 8,00 mass production, and the supply of materials at the time of the first, second, and lump-sum payment (including marbes). The Plaintiff and D continue to trade within the limit of 100 million won per month.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings
B. The Defendants are jointly and severally liable to jointly and severally pay to the Plaintiff KRW 130,903,378 of the price of the goods and damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 25, 2017 to the date following the delivery of a copy of the instant complaint for Defendant A, and from July 25, 2017 to the date of full payment.
2. As to the defendants' assertion
(a) Since there is a defect that is shouldered by the 1 set of gold-type crocco, the damage resulting therefrom must be deducted from the claimed amount.
B. Determination of defects is 8.0