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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 159,443,864 and KRW 27,413,938 among them, from November 1, 2012 to 81.
Reasons
1. Facts of recognition;
A. The Plaintiff Company is a company that manufactures ecrates, and Defendant LE Engineering Co., Ltd. (hereinafter “Defendant Company”) is a company that receives and resells ecrates from the Plaintiff, and Defendant B is the representative director of the Defendant Company.
B. On September 1, 2011, the Plaintiff Company and the Defendant Company supplied and sold Schlage products, etc. to the Defendant Company, and the Defendant Company concluded a sales contract with the content of the purchase (hereinafter “instant contract”), and the Defendant B signed and sealed the instant contract as joint and several sureties.
C. From July 1, 2012 to October 31, 2012, the Plaintiff Company supplied Schlage products totaling KRW 277,565,202, and issued electronic tax invoices to the Defendant Company.
Meanwhile, Article 8 of the instant contract provides, “If the Defendant Company delays the payment of the product price and other debts that it has to pay to the Plaintiff Company, the Defendant Company shall pay 8% annual interest rate per annum from the date of issuance of the tax invoice to the date of payment of KRW 27,565,277,000 on July 31, 2012, based on the date of issuance of the tax invoice, in addition to the annual interest rate of KRW 50,934,859,067, Oct. 31, 2012, the total amount of KRW 27,565,202, as of July 31, 2012, based on the date of issuance of the tax invoice.”
On September 13, 2016, Defendant B prepared a written performance note as follows and delivered it to the Plaintiff on September 13, 2016, while the Defendant Company paid only a part of the above goods and did not pay a total of KRW 253,443,864.
(hereinafter “instant text”). Amount of debt: 253,443,864 won
1. Payment of the above amount to the following schedule:
(a) Repayment schedule: Down Payment in December 2017, 2016;
(b) Amount of reimbursement: Minimum million won;
2. If any of the dates for each payment described in the above paragraph 1 above is delayed, such payment shall lose the benefit of division and time, and shall delay with respect to the whole amount unpaid until such time.