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1. The Defendants shall jointly and severally serve as the Plaintiff KRW 20,669,032 and as a result, from December 16, 2014 to March 3, 2015.
Reasons
1. Basic facts
A. On September 12, 2013, the Plaintiff supplied Defendant Company A (hereinafter “Defendant Company”) with 469,712,929 won (including value-added tax) in relation to new construction works of the Rural Development Administration, and the Plaintiff entered into a contract for sales of goods with the Defendant Company to pay in cash at the end of the following month after supplying the goods. Defendant B guaranteed the Defendant Company’s obligations.
B. The Plaintiff supplied the Defendant Company with the total amount of KRW 509,309,877 (including value-added tax) from October 31, 2013 to March 31, 2014, and the Defendant Company paid the total of KRW 488,640,845 as the price of goods until December 5, 2014.
C. On the other hand, on December 22, 2014, the Defendant Company delivered to the Plaintiff a bill of exchange amounting to KRW 13,000,000 issued by Non-FFD for the payment of goods, but the said bill was in default.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, 5 through 8, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the Plaintiff’s claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 20,669,032 ( = 509,309,877 won - 488,640,845 won) and damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from December 16, 2014 to March 3, 2015, the original copy of the instant payment order was served on the Defendants until March 3, 2015, and from the next day to the date of full payment.
B. The Defendants asserted against the Defendants: (a) the Plaintiff did not timely supply goods to the Defendant Company; (b) incurred losses due to delay in construction; and (c) the Defendant Company additionally suffered liability for repairing defects; and (d) the Plaintiff did so to the Defendant Company.