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1. The Defendants jointly share KRW 189,604,155 to the Plaintiff, and Defendant B Co., Ltd. from March 22, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity established on September 2, 2015 for the purpose of aggregate extraction business, etc., and Defendant B (hereinafter “Defendant Company”) is a legal entity established on August 31, 2017 for the purpose of aggregate extraction business, etc.
B. On September 11, 2017, the Plaintiff entered into a forest processing contract with the Defendant Company with respect to the collection and collection of soil and rocks, production, sorting, scambling, etc. (hereinafter “the collection, etc.”) of 27,071 square meters of D forest land, E forest land 21,398 square meters, F forest land 38,912 square meters of land (hereinafter “each of the instant land”) during the contract period from September 11, 2017 to December 31, 2017 (hereinafter “the instant forest processing contract”).
C. On or after November 20, 2017, Defendant C prepared a written confirmation to the effect that Defendant C would promise to pay the clinical processing cost incurred under the instant contract after the said date (hereinafter “instant written confirmation”) and deliver it to the Plaintiff.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. The plaintiff's assertion and judgment as to the plaintiff
A. The Plaintiff’s assertion 1) The Plaintiff produced aggregate amounting to KRW 784,850,690 by December 18, 2017 under the instant contract, as recorded in the customer president of the Defendant Company, but the Defendant Company paid only KRW 595,246,535 as the price. As such, the Defendant Company and its guarantor C jointly and jointly are liable to pay the Plaintiff the unpaid amount of KRW 189,604,155 and the damages for delay thereof. 2) The Plaintiff produced sand and gravel of KRW 7,871 square meters by December 18, 2017 (hereinafter “the instant sand, etc.”) other than the transaction described in the customer president of the Defendant Company. The Defendants jointly and severally are liable to pay the Plaintiff the processed amount of KRW 52,514,410 and damages for delay.
3. The Plaintiff is aggregate equivalent to KRW 25,961,370 in G in accordance with the instant contract for the clinical processing.