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1. The Plaintiff:
A. Defendant B Co., Ltd. shall pay KRW 248,242,839 and its amount from August 8, 2019 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that produces and sells paints, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that produces and sells paints and carries on painting sales and painting business.
Defendant C is one of the co-representative directors of the Defendant Company, and Defendant D is an internal director of the Defendant Company.
B. 1) The Plaintiff supplied the Defendant Company with the paint and the Defendant Company agreed to pay the price of the goods in cash at the time of the delivery of the paint and pay the price for delay at a rate of 20% per annum in the event of delay in the payment of the price (hereinafter “instant supply agreement”).
(2) As of July 23, 2019, the Plaintiff supplied Paint to the Defendant Company by July 9, 2019. (2) The amount of goods unpaid as of July 23, 2019, which is the date of the instant lawsuit, is KRW 248,242,839.
C. On April 16, 2019, the Plaintiff entered into an agreement with Defendant C and D on the obligation to pay KRW 308,797,770 for the goods of the Defendant Company accrued up to that time pursuant to the instant supply agreement, with Defendant C and D jointly and severally with the Defendant Company for the amount of KRW 7 million on April 15, 2019, KRW 5 million on May 15, 2019, KRW 5 million on May 15, 2019, KRW 7 million on June 15, 2019, KRW 7 million on July 15, 2019, KRW 61,797, KRW 770 on August 15, 2019, and KRW 308,797,770 on August 7, 207, and KRW 20% on delay in repayment, and agreed to pay damages for delay by the joint and several surety (hereinafter “instant agreement”).
(2) At present, Defendant C and D did not pay money according to the instant joint and several sureties agreement is KRW 131,797,770.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including branch numbers), and the purport of the whole pleadings
2. According to the above findings of the determination, the Defendant Company is 20% per annum from August 8, 2019 to the day of full payment, following the delivery of a copy of the instant complaint to the Defendant Company, as sought by the Plaintiff, after the due date for payment of the unpaid amount of KRW 248,242,839.