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1. The defendant's KRW 462,174,174 as well as 6% per annum from January 1, 2020 to May 6, 2020 to the plaintiff.
Reasons
Basic Facts
The plaintiff is a company whose purpose is to manufacture steel products such as steel plates, marries, steel bars, etc., and the defendant is a company whose purpose is to distribute steel products, retail business, etc.
The Plaintiff entered into a goods supply contract with the Defendant and supplied steel materials from September 3, 2019 to October 22, 2019.
The defendant paid only 16,63,625 won out of 478,837,79 won of steel products supplied by the plaintiff on October 31, 2019, and did not pay the remainder of 462,174,174,174 won under the agreement to pay by December 31, 2019.
[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1 and 2, the purport of the entire pleadings, and the grounds for the claim for judgment, the defendant is obligated to pay to the plaintiff the price for the goods payable to the plaintiff, unless there are special circumstances.
The defendant's assertion as to the defendant's assertion was purchased from the plaintiff and supplied them to C (hereinafter referred to as "C"). At the time, the defendant did not have the ability to pay the price for the reinforcing.
Accordingly, around September 2019, the Plaintiff, Defendant, C, and D associations agree that C shall pay the Plaintiff the goods price obligations directly instead of paying the Defendant’s goods price obligations to the Plaintiff, and that D associations, the transaction bank of C, if C did not pay the above obligations, shall pay C the goods price obligations to the Plaintiff (hereinafter “instant agreement”). Therefore, the Defendant is not liable for the goods price obligations to the Plaintiff.
Judgment
According to the statement in Eul evidence No. 1, it is recognized that C prepared, September 30, 2019, a notary public, with the loan amounting to KRW 500 million under No. 591 of the 2019, the due date, December 16, 2019, a creditor, a debtor, and a joint and several sureties, a notarial deed for cash consumption (hereinafter referred to as "notarial deed of this case") with the declaration of intention to recognize the compulsory execution of the D Association, which is the creditor, the debtor, and the joint and several sureties.
However, Gap's 4.