beta
Text
1. The Plaintiff:
A. Defendant B Co., Ltd. shall pay KRW 38,266,484 and its amount from August 30, 2019 to the date of complete payment.
Reasons
1. Determination as to the claim against Defendant C
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);
C. Part partially dismissed: The portion seeking payment of money exceeding 12% per annum pursuant to the “Rules on Legal Interest Rate in the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings” amended by Presidential Decree No. 19768, May 21, 2019 is dismissed.
2. Determination as to the claim against Defendant B and D
A. (1) The Plaintiff, with the trade name of E, supplied the goods equivalent to KRW 38,266,484 in total to the Defendant Company B (hereinafter “Defendant Company”) between December 2, 2018 and July 2019.
(2) Meanwhile, the Plaintiff supplied 35,004,287 won to Defendant C, who runs a business with the trade name of B, from February 2014 to September 2014.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 4, and 20 (including each number), the purport of the whole pleadings
B. According to the facts of the above recognition as to the claim for the price of goods against the defendant company, the defendant company is obligated to pay to the plaintiff the price of goods payable to the plaintiff as well as damages for delay.
C. The plaintiff asserts that the defendant company and D are jointly and severally liable for the payment of the price for the goods to the plaintiff, or that the above defendants are jointly and severally liable for the payment of the price for the goods to the plaintiff. Thus, if the defendant company and D are jointly and severally jointly and severally liable for the payment of the price for the goods to the plaintiff, the above defendants are jointly and severally liable for the payment of 35,004,287 won and damages for delay to the plaintiff, which are the amount of the price for the goods to the plaintiff by C without the request by C.
The evidence submitted by the Plaintiff, including the evidence of No. 21 through No. 25, is alone set forth in C-C.