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1. The Defendants jointly and severally committed against the Plaintiff KRW 24,852,00 and Defendant B, Inc. from June 30, 2020.
Reasons
1. According to the facts that there is no dispute between the parties to the judgment on the cause of the claim and the purport of the entire entries and arguments as to Gap evidence Nos. 1 through 4, and 6, the plaintiff supplied the defendant B Co., Ltd. (hereinafter "the defendant company") with a total of 64,416,00 won from May 17, 2019 to June 21, 2019, and with a total of 39,564,00 won from May 25, 2019 to July 25, 2019, the defendant C, the representative director of the defendant company, paid KRW 31,158,00 to the plaintiff on Nov. 20, 2019, "the payment of KRW 31,158,000 to Feb. 28, 2020".
A) The facts are recognized. According to the above facts, the Defendants jointly and severally sent a written objection against the payment order to the court from June 30, 2020 to June 29, 2020, which is the date of service of the original copy of the instant payment order to the Plaintiff (i.e., KRW 64,416,000, KRW 39,564,000, and the Defendant Company, which is the day following the date of service of the original copy of the instant payment order, sent the original copy of the instant payment order to the Plaintiff. The Defendant Company, from June 30, 2020 to June 29, 2020, is deemed to have been served with the original copy of the instant payment order on June 29, 2020.
Defendant C is obligated to pay damages for delay calculated at the rate of 12% per annum prescribed in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 18, 2020 to the date of full payment.
2. Defendant C, without verifying the details of the Defendant Company’s repayment of KRW 39,564,500, Defendant C’s defense, protested to the effect that this conclusion is revoked, on the ground that the Defendant Company’s rejection of the instant performance was made by mistake that it did not pay KRW 31,158,00 to the Plaintiff.
The fact that the price for the goods not paid in the letter of payment of this case is KRW 31,158,000 is indicated as seen earlier.
However, as seen above, the Plaintiff claimed 24,852,00 won, excluding all of the Defendant Company’s repayment amount of KRW 39,564,50,00, out of the total amount of goods in this case, and Defendant C.