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1. The Defendant shall pay KRW 25,422,00 to the Plaintiff the annual rate of KRW 30% from January 21, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On November 30, 2013, the Plaintiff entered into a contract for the supply of ready-mixed with A (Defendant Company) with respect to the large-rate C Corporation (hereinafter “instant supply contract”) and decided to pay the price by January 10, 2014. However, the Plaintiff shall pay the price for delay at 30% per annum from the date of delayed payment at least 10 days after the date of payment. At that time, the Defendant provided a joint and several surety for the supply of ready-mixed goods according to the instant supply contract.
B. Since December 2, 2013 and December 26 of the same year, the Plaintiff supplied ready-mixeds worth KRW 25,422,000 in total to A.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the facts acknowledged earlier, the Defendant is obligated to pay to the Plaintiff KRW 25,422,00 for the supply price of ready-mixed under the instant supply contract and damages for delay at the rate of 30% per annum from January 21, 2014 to the date of full payment.
B. As to this, the Defendant asserted that, although he/she has jointly and severally guaranteed the supply contract of this case, he/she cannot be deemed to have jointly and severally guaranteed the portion (the amount equivalent to KRW 8,028,00) supplied on December 26, 2013 (the amount equivalent to KRW 8,028,00) and thus, he/she cannot respond to the Plaintiff’s claim. Thus, the Plaintiff’s claim cannot be accepted. Thus, the supply contract of this case appears to be the supply contract of ready-mixed to the Defendant Company C, and the Plaintiff supplied the above construction on December 2, 2013 and December 26, 2013. The Plaintiff determined the estimated quantity in the supply contract of this case to “250 cubic meters,” but the Defendant did not separately set the supply price, if it is within the reasonable scope required for the pertinent construction work, the entire supply price is to be supplied.