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1. The Defendants jointly and severally against the Plaintiff KRW 69,861,355 and against Defendant B, May 2020.
Reasons
1. Facts of recognition;
A. On November 2016, the Plaintiff entered into a ready-mixed supply contract with Defendant B, and on the same day, Defendant C jointly and severally guaranteed the obligation to supply ready-mixed to the Plaintiff of Defendant B.
B. From December 27, 2017 to May 26, 2018 pursuant to the above supply contract, the Plaintiff supplied ready-mixeds to the construction site of Busan-gu D (hereinafter “instant building”) which the Defendant Company built, and did not receive KRW 69,861,355 out of the supply price of ready-mixeds from the Defendant B corporation.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the price for supply of ready-mixed, 69,861,355 won, and delay damages therefor, unless there are special circumstances.
B. As to the determination of the Defendants’ assertion, the Defendants asserted to the effect that the Defendants’ obligation to supply ready-mixeds to the Plaintiff was extinguished, since they agreed with the Plaintiff to pay for the instant building E instead of the supply price of ready-mixeds.
In light of the above, since the payment is a real contract that is established when another payment is actually made on behalf of the original obligation, the original obligation to be completed when the transfer of ownership is registered shall be extinguished, and as long as the registration of transfer is not completed, the original obligation shall be extinguished, and as long as the payment is not made on September 11, 1979, the original obligation shall not be extinguished (see, e.g., Supreme Court Decision 79Da381, Sept. 11, 1979). In addition, the following circumstances revealed by taking into account the present evidence and the entire purport of arguments between the defendant and the defendant on May 7, 2018, the plaintiff shall be 100,749,55 won not paid until the time of the supply of ready-mixed goods: