Text
1. The Defendants are jointly and severally liable to the Plaintiff for 48,675,000 won and the interest rate of 15% per annum from August 31, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that manufactures and sells ready-mixed, etc., and Defendant A is a person who engages in construction business with the trade name called D.
B. On August 18, 2016, the Plaintiff entered into a contract for the supply of ready-mixed with Defendant A, and Defendant B and C agreed to assume the joint and several liability for the said ready-mixed price.
C. Upon Defendant A’s request, the Plaintiff supplied ready-mixed equivalent to KRW 53,675,00 at the construction site of the E-factory from August 19, 2016 to January 10, 2017.
During the Plaintiff’s failure to receive KRW 53,675,00 from Defendant A on April 15, 2017, the Plaintiff drafted a payment note with Defendant B and C, jointly and severally with Defendant A, that the said Defendants shall pay KRW 10 million out of the amount of KRW 53,675,00,00, until April 29, 2017, the remainder of KRW 43,675,00,00, until May 20, 2017.
E. After that, on April 29, 2017, the Plaintiff received five million won out of the above ready-mixed price, and the remainder amount of 48,675,000 won is not paid.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff the balance of the above ready-mixed 48,675,000 won and damages for delay calculated at the rate of 15% per annum from August 31, 2017 to the day of full payment, which is the day following the delivery date of the copy of the complaint of this case sought by the plaintiff after the due date.
As to this, Defendant B merely lent the name of the business operator, it is argued that himself is not a party to the joint and several liability agreement for the above ready-mixed price, but it is difficult to recognize the above assertion only with the statement of No. 1, and there is no other evidence to acknowledge it, and the above assertion is without merit.
3. Therefore, the plaintiff's claim of this case against the defendants is accepted in its reasoning.