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1. The Defendant shall pay 47,916,00 won to the Plaintiff and 20% per annum from June 6, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On February 12, 2014, the Defendant Company entered into a contract for construction works with C (hereinafter “C”) under each of the terms of contract amounting to KRW 282,60,000, and the construction period from February 17, 2014 to May 20, 2014, with respect to the construction works for the construction of neighborhood living facilities or officetels in D in the East Sea (hereinafter “instant construction works”).
B. Thereafter, on February 24, 2014, the Plaintiff Company entered into a contract for long-term supply with C, stating that “The minimum purchase quantity is 90 tons, the unit price is 720,000 won per ton, and the payment is made in cash within seven days after the receipt of the steel bars” (hereinafter “instant supply contract”), and the Plaintiff Company supplied the total amount of 47,916,000 won from March 31, 2014 to May 9, 2014.
C. Meanwhile, the Defendant Company, the executing company of the instant construction site, dispatched E to the instant site agent, and the said E, at the time of the instant supply contract, guaranteed the Defendant Company’s duty to pay the steel bars on behalf of the Plaintiff Company on behalf of the Defendant Company.
(hereinafter “this case’s joint and several sureties contract”). (hereinafter “this case’s joint and several sureties contract”), without dispute, the Defendant is disputing the establishment of the petition, but according to the respective descriptions of evidence Nos. 5, 7, 9, and 10 and the testimony of witness E and F, the authenticity is recognized;
Part of Gap 2, 3, 5, 7 (including paper numbers), witness E, and F's testimony, the purport of the whole pleadings.
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff 47,916,00 won in total and damages for delay calculated from June 6, 2014, which is the day following the delivery date of the original copy of the payment order of this case sought by the plaintiff after the due date for payment, to the plaintiff according to the joint and several guarantee contract of this case.
B. As to this, the defendant is "the defendant who is the actual representative of C at the time of the contract of joint and several sureties to E in the field of the defendant company.