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1. The Defendant’s KRW 40,685,100 as well as the Plaintiff’s KRW 20% per annum from January 31, 2015 to September 30, 2015, and the following.
Reasons
1. Facts of recognition;
A. From November 15, 2013 to June 24, 2014, the Plaintiff supplied Non-Party C (hereinafter “Non-Party C”) with the total amount of KRW 49,932,100, such as Pakistanninum Wus, etc.
B. On July 22, 2014, the Defendant, the representative of the non-party company, prepared a repayment plan to the Plaintiff on July 22, 2014, and jointly and severally guaranteed the non-party company’s 40,685,100 won for the unpaid goods and damages for delay calculated at the rate of 20% per annum from the date following the final transaction thereof. On August 11, 2014, the repayment date stated in the above repayment plan was set on August 20, 2014.
【Ground for Authentication: Facts without dispute, entry of Gap evidence 1 through 4, purport of the whole pleadings】
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40,685,100 payable to the Plaintiff, as the Plaintiff seeks, 20% per annum from January 31, 2015 to September 30, 2015, and 15% per annum from the next day to the day of full payment.
Accordingly, the defendant asserts that the plaintiff and the defendant cannot respond to the plaintiff's claim because they are currently in normal transactions after mediation has already been completed. Thus, according to the Gap evidence No. 5, the plaintiff filed a claim against the non-party company for payment of KRW 20,685,100 out of the unpaid goods price, and the plaintiff and the non-party company filed a claim against the non-party company for payment of KRW 20,685,100 on December 3, 2014 between the plaintiff and the non-party company. "The non-party company shall pay KRW 20,685,100 to the plaintiff one to five times each month from January 30, 2015 to the five times, six times. If the non-party company fails to pay the money on each of the above payment dates, it shall lose the benefit of time, and if so, the non-party company shall pay damages for delay calculated at a rate of 20% per annum from the next day to the day of complete payment."