Text
1. The Defendants are jointly and severally liable to the Plaintiff for 618,676 won and 6% per annum from May 30, 2020 to July 7, 2020.
Reasons
The Plaintiff, who sells steel products, sold steel products to Defendant B (hereinafter “Defendant Company”) on the condition of advance payment. With respect to steel products worth KRW 59,000,000 from October 17, 2019 to October 31, 2019, the Plaintiff supplied steel products upon the promise to pay the price by October 31, 2019. The fact that Defendant C, the representative director of the Defendant Company, provided joint and several sureties with respect to the above payment promise of the Defendant Company around October 17, 2019 can be acknowledged by taking full account of the overall purport of the pleadings and arguments. The Defendants are jointly and severally liable to pay the Plaintiff damages for delay from the day after the delivery of the original copy of the instant payment order to the day of complete payment, as the Plaintiff seeks.
Meanwhile, there is no dispute between the parties on the fact that the Defendants paid KRW 20,000,00 to the Plaintiff on March 30, 2020, April 30, 2020, and May 29, 2020. Accordingly, if each of the above payments is appropriated in the order of interest and principal pursuant to Article 497 of the Civil Act, it is as listed below.
[Attachment Table for Performance ] 20,00,00 won (5,000 won 59,000,000 won) 6. 16. 30,315,409 40,315,409 20,000 won 40. 6. 20,000 won x 306. 6. 30% of the total amount to be repaid [20,30,315,409 x 406. 6% of the total amount to be repaid] 20. 6% of the total amount to be repaid 】 30. 6% of the total amount to be repaid 】 205% of the total amount to be repaid 】 30. 6% of the total amount to be repaid 】 205% of the total amount to be repaid 】6. 3. 6% of the total amount to be repaid 】 205% of the total amount to be repaid 25%