The Defendants jointly and severally committed against the Plaintiff KRW 185,97,843 and Defendant A Co., Ltd. from July 8, 2016.

Facts of recognition

The Plaintiff is a company whose main purpose is to sell medical appliances and expendable goods, and Defendant A (hereinafter “Defendant Company”) is a company that mainly engages in the sale and lease of medical appliances.

On March 2, 2012, the Plaintiff supplied the slots used for an artificial new and renewable term with the Defendant Company from March 2, 2012 to December 31, 2014, and entered into a sales contract under which the price is to be paid within 90 days after receiving the tax invoice (hereinafter “instant contract”). Defendant B and C guaranteed the obligation owed by the Defendant Company to the Plaintiff under the instant contract.

The Plaintiff supplied slots, etc. to the Defendant Company pursuant to the instant contract, and the amount of goods that the Defendant Company did not pay to the Plaintiff by October 30, 2014 is KRW 207,794,90.

On the other hand, on March 5, 2012, in order to secure the Plaintiff’s obligation to pay the price under the instant contract, the Defendant Company completed the registration of creation of a neighboring mortgage with respect to the Defendant Company and the maximum debt amount of KRW 200,000,000, which is owned by the Defendant Company, with respect to the Defendant Company Nos. 119 of Gangseo-gu Seoul Metropolitan Government D Underground First Floor Group (hereinafter “instant dividend”). On May 14, 2015, the Plaintiff received a decision to voluntarily commence the auction of the said real estate as Seoul Southern District Court E on August 12, 2016, and received KRW 21,817,057 as dividend (hereinafter “instant dividend”).

[Based on the facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers if there are various numbers), and the facts of the above recognition as to the ground for a claim as to the purport of the entire pleadings, the defendants jointly and severally pay to the plaintiff 185,97,843 won (=207,794,900 won - 21,817,057), which deducts dividends 21,817,057 from the amount of unpaid goods under the contract of this case from the amount of 207,794,900 won (=207,794,900 won - 21,817,057), and the following day after the delivery of a copy of the complaint of this case to the plaintiff, which the defendant company, Eul, and C, from July 8, 2016 to March 24, 2016.