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Defendant B Co., Ltd. shall pay to the Plaintiff KRW 32,107,00 and 12% per annum from August 12, 2020 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a business entity that supplies livestock products and silver meat under the name of “D”. The Defendants are companies that process and reprocessing livestock products supplied by the Plaintiff and supply them as school materials, etc.
B. Although the Plaintiff supplied livestock products to the Defendants, the Plaintiff did not receive each payment of the amount of KRW 32,107,969 as of April 13, 2020 from Defendant B, and the amount of KRW 4,577,938 as of the same day from Defendant C to Defendant C.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Gap evidence Nos. 6-1, 2, Gap evidence No. 7, Gap evidence No. 9-1 through 4, Gap evidence No. 10-1 through 3, and the purport of the whole pleadings
2. Determination
A. The Plaintiff’s determination as to the cause of the Plaintiff’s claim. The amount of goods unpaid by the Defendant Company B is KRW 32,107,969, and the amount of goods unpaid by the Defendant Company C is 4,577,938 as seen above. Therefore, the Defendants are liable to pay each of the unpaid goods and the amount of delayed damages to the Plaintiff, barring any special circumstance.
B. Defendant B’s assertion and judgment 1) Defendant B’s assertion that Defendant C’s payment note was made between the Plaintiff and the Plaintiff that Defendant C should pay the unpaid goods payment on behalf of the Plaintiff. Thus, Defendant B’s assertion that the unpaid goods payment on Defendant B should be sought from Defendant C.
According to the evidence No. 4-1, the plaintiff, the defendants, and the defendant C are liable for the representative F of the defendant C corporation, the representative G of E corporation, and the payment of the price for the goods of the above corporation. However, although it is acknowledged that the above fact of recognition alone exempted the plaintiff from the obligation to pay the goods to the defendant B, or the defendant C is liable for the goods payment of the defendant C corporation.