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1. Defendant B’s KRW 18,412,643 as well as 6% per annum from September 1, 2019 to February 21, 2020.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells electric appliances, electronic parts, etc., and the Defendants are personal business operators engaging in wholesale and retail business of electrical appliances.
B. As of August 31, 2019, the Plaintiff supplied electrical appliances to the Defendants, and had a claim for the price of goods equivalent to KRW 18,412,643 to Defendant B and KRW 13,927,113 to Defendant C.
[Ground for recognition] Defendant B: The fact that there is no dispute, entry of evidence Nos. 1, 3, 5, 9, and the purport of the whole pleadings, and the purport of the whole pleadings, as a whole, of confessions (Article 150(1) and (3) of the Civil Procedure
2. Determination
A. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff 18,412,643 won and the amount equivalent to 6% per annum under the Commercial Act from September 1, 2019 to February 21, 2020, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. The fact that Defendant C was supplied with goods equivalent to KRW 13,927,113 from the Plaintiff as of August 31, 2019 is as seen earlier.
As to this, Defendant C issued to the Plaintiff a promissory note amounting to KRW 5,00,00 on February 23, 2018, KRW 6,114,00 on June 14, 2018, KRW 6,114,00 on the face value of KRW 6,00 on June 27, 2018, and paid the amount of the promissory note, and thus, Defendant C’s claim for the payment of the price of the said goods was all extinguished.
In full view of the purport of the pleadings as a whole, Defendant C was supplied with goods as indicated below and issued promissory notes equivalent to the value of supply. Promissory notes are recognized as being settled at the time of the due date after the Plaintiff’s endorsement and transfer.
The supply value as of the date of supply of the Promissory Notes issued by the original defendant shall be the face value of the Promissory Notes issued by the original defendant on January 31, 2018, as of February 23, 2018, 4,237, 404. 4, 237, 400, 400 June 30, 2018, July 28, 2018, 2018;