beta
Text
1. The Defendants jointly and severally liable to the Plaintiff for KRW 50,675,200 and the Defendants to Defendant C from May 1, 2014.
Reasons
1. Determination on the cause of the claim
A. From around 208, the Plaintiff, who produces a special paint, which is a floor for preventing the decline of the road, entered into a contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) to supply goods, such as a special paint, as the Defendant C requests for supply, and the Defendant C made a monthly settlement of accounts and pay the goods to the Plaintiff. Defendant D, the representative of Defendant C, was jointly and severally guaranteed the Defendant C’s goods payment obligation.
Accordingly, the Plaintiff supplied goods to Defendant C from around March 27, 2008 to March 27, 2014, which had not been paid, is KRW 50,675,200. The Defendants paid the said payment by April 30, 2014, but the said payment by April 30, 2014 is unpaid until the date of the conclusion of the pleadings of the instant case.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
B. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 50,675,200, and the amount of damages for delay calculated at the rate of 20% per annum as stipulated in each of the Commercial Act until October 31, 2014, which is the delivery date of the application for the instant payment order, to Defendant C, from May 1, 2014, which is the day following the date of the agreement, to August 6, 2014, to Defendant D, the delivery date of the application for the instant payment order, to Defendant D, and to the day of full payment from the following day to the day of full payment.
2. The Defendants’ defenses by the Defendants are not verified, and the products supplied by the Plaintiff constructed the above products on the road as the floor for the prevention of the collapses of the Defendant C, but the roads were entirely defective, resulting in a large amount of damages caused by the defect repair. The Defendant C’s damage liability is the Plaintiff’s claim for the price of the goods.