beta
Text
1. The Defendants jointly and severally agreed to the Plaintiff KRW 242,519,200 and 6% per annum from June 7, 2014 to October 5, 2014.
Reasons
Facts of recognition
On June 3, 2014, the Plaintiff ordered Defendant A Co., Ltd. (hereinafter “Defendant Company”) to supply strawboxes to ASAP and to the Korea Senior Citizens Association Distribution Agency for the place to be supplied after the due date. On June 5, 2014, the Plaintiff received the following performance confirmation (Evidence A4; hereinafter “instant performance confirmation”) from Defendant B, a director of the Defendant Company, and paid in advance the price of goods to the Defendant Company on June 6, 2014, but the Defendant Company did not supply the said goods to the supply office requested by the Plaintiff.
[Performance Certificate] A (Defendant B) is the representative director of the Company A (Defendant Company) and confirms that with respect to the goods supply contract entered into on June 3, 2014 with DNC Co., Ltd. (Plaintiff), the following shall be fulfilled:
- the following-
1. Where a party to a contract breaches his/her duty to perform a contract, repair defects, etc. after concluding a contract, he/she shall jointly and severally compensate for losses incurred due to non-performance of obligation based on
[Ground of recognition] According to the above-mentioned facts in Gap evidence Nos. 1 through 4 and the purport of the whole pleadings, the defendant company is a party to a goods supply contract, and the defendant B is jointly and severally liable to pay to the plaintiff KRW 242,519,200.
As to this, the goods supply contract between the Plaintiff and the Defendant Company was concluded between the Plaintiff and the Nonparty C, who is the actual operator of the Defendant Company, and the Plaintiff and the Defendant Company’s guarantee liability for the Defendant Company’s goods supply obligation shall be borne by C, and the Defendant B shall not be held liable in fact. As such, in form, the Defendant B requested to prepare and change a performance certificate under the name of the Defendant Company B, which is the representative of the Defendant Company’s name. Accordingly, the instant performance certificate was prepared and issued.