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1. The Defendants jointly and severally agreed to the Plaintiff KRW 87,008,000 and Defendant Incorporated Agricultural Company A with respect thereto.
Reasons
1. Basic facts
A. From December 31, 2015 to January 25, 2016, the Plaintiff supplied Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant A”) with goods, such as chip, etc.
B. As the auditor of Defendant A, on September 21, 2016, Defendant B prepared and delivered to the Plaintiff an agreement to the effect that “the Plaintiff shall pay 87,008,000 won of the goods to the Plaintiff in installments by December 30, 2016 (hereinafter “instant agreement”). The instant agreement contains the signature and telephone number, resident registration number, and part of Defendant B’s resident registration number in the name of Defendant B, and written a repayment schedule (the amount of five installments and each installment from September 21, 2016 to December 30, 2016) stating the Plaintiff’s employees at the lower end, and the name and signature of Defendant B are also written.
C. Around January 2016, the Plaintiff prepared a specification of transactions with Defendant A (Evidence A No. 8). A written statement contains that the Plaintiff supplied a total of KRW 272,728,000,000 to Defendant A, including that the Plaintiff supplied a mass wave of KRW 272,728,00,000 on January 25, 2016. The written statement contains the name and signature of Defendant B at that bottom.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 6, and 8, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 87,008,000 for the unpaid goods and the damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 8, 2017 to the date of full payment.
B. (1) As to the Defendants’ assertion, there is no difference between the Defendants’ assertion (A) and Defendant A, on January 25, 2016, to be supplied with both the amount equivalent to KRW 24,000,000. Therefore, the Plaintiff’s claim amount.