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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 823,535,200 and the interest rate from February 11, 2017 to the date of full payment.
Reasons
1. Determination as to the claim
A. Determination 1 on the cause of the claim is asserted as follows. The plaintiff is asserting the following. The defendant Geumho Bank Co., Ltd. (the Hanho Bank Co., Ltd. prior to the change, the Hanho Bank Co., Ltd., Ltd. hereinafter
(2) The court below’s determination that the aforementioned assertion was made pursuant to Article 208(3)2 and Article 150(3) and (1) of the Civil Procedure Act, and the court below’s determination that the above assertion was made pursuant to Article 208(3)2 of the same Act
A) On September 22, 2016, the Plaintiff’s assertion is acknowledged by the respective statements in Gap evidence Nos. 1, 2, and 3 (including the number of branches). - The Plaintiff is a contract for the supply of public water (hereinafter “instant supply contract”).
(2) On the same day, Defendant Hoho Bank concluded the instant supply contract with the Plaintiff on the same day and guaranteed the payment of the purchase-price for the goods against Defendant Seo-do, the Plaintiff, as a result of the instant supply contract. - The Plaintiff supplied the Defendant Seo-do, a total of KRW 823,535,200 to November 28 of the same year according to the instant supply contract. 2) Unless there are special circumstances, the Defendants are jointly and severally liable to pay the Plaintiff the purchase-price of KRW 823,535,200 to the Plaintiff.
B. As to the claim of Defendant Western only, the Plaintiff asserted to the effect that, as the Defendant Kuho Bank guaranteed the obligation to pay for the goods to the Plaintiff at the time of the instant supply contract, the Plaintiff claimed the price for the goods against the Defendant Suho Bank, and that it cannot be claimed against the Defendant Seoho Bank, the Plaintiff cannot claim the price for the goods against the Defendant Suho Bank.
However, barring special circumstances, such as where there exists a guarantee for a specific obligation, the obligee is entitled to immediately claim payment from the principal obligor without claiming payment from the guarantor. Thus, the Plaintiff and the Defendants pursuant to the instant supply contract.