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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 256,140,469 and the interest rate of KRW 15% per annum from November 3, 2015 to the date of full payment.
Reasons
1. Indication of claim;
A. On December 29, 2006, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “A”), under which the Plaintiff received all of the scrap metal produced from Defendant A to pay KRW 200 million to Defendant A as a deposit for scrap metal, and Defendant A agreed to pay KRW 5 million to the Plaintiff upon the completion of the transaction with the Plaintiff, and KRW 4 million as a deposit for scrap scrap, and Defendant B, the representative director, agreed to jointly and severally guarantee the obligation arising from scrap transactions.
The Plaintiff paid KRW 200 million to Defendant A around that time.
B. However, at the request of Defendant A, the Plaintiff treated scrap metal until August 14, 2015, and the price for disposal of scrap metal that was not paid is KRW 47,140,469.
C. In addition, Defendant A failed to perform his/her obligation due to the failure of Defendant A to pay the price for the scrap metal as above, the Plaintiff terminated the scrap metal transaction contract on the ground of such failure.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the deposit amount of KRW 256,140,469 (= KRW 5,000,000 for the manufacture cost of scrap scrap of KRW 5,000,000 for scrap scrap of KRW 47,140,469) and damages for delay.
2. Applicable provisions of Acts: Article 208 (3) 1 of the Civil Procedure Act (Judgment without holding any pleadings due to the submission of a written reply);
3. Partial dismissal: The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings is amended and promulgated on September 25, 2015, and it is effective from October 1, 2015, only the damages for delay calculated at the rate of 15% per annum from November 3, 2015 to the date of full payment following the delivery of the complaint shall be recognized, and the exceeding portion shall be dismissed.