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1. The Defendants jointly and severally committed against the Plaintiff KRW 84,806,460 and Defendant A Co., Ltd. from December 16, 2016.
Reasons
1. If the purport of the entire pleadings is added to the evidence Nos. 1 through 4 of the judgment as to the cause of the claim, the Plaintiff is recognized to have supplied ready-mixeds equivalent to KRW 277,641,100 to the Defendant A corporation until August 17, 2016, Defendant B guaranteed the obligation to pay the above goods by the Defendant A corporation, and Defendant A corporation paid a total of KRW 192,834,640 to the Plaintiff by April 7, 2017.
According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 84,806,460 won (=277,641,100 won - 192,834,640 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 3, 2017 to the day of full payment as requested by the plaintiff.
2. The Defendants asserted that the Defendants cannot pay the price for the goods to the Plaintiff as they did not receive the construction cost from the owner of the construction site.
However, the above circumstances alone are insufficient to refuse the Plaintiff’s claim, and there is no evidence to prove that the Defendants extended the period of payment from the owner until the payment of the price is made.
The above assertion by the Defendants is without merit.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.