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1. The Defendants jointly and severally against the Plaintiff KRW 119,872,00 and Defendant A Co., Ltd. on April 2016.
Reasons
1.The following facts of recognition are not disputed between the parties, or acknowledged by the purport of Gap evidence 1 to 4 (including paper numbers) and the whole pleadings, and there is no counter-proof otherwise.
The Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”). The Plaintiff supplied the Defendant Company with red ginseng of an amount equivalent to KRW 330,00,00 on July 15, 2015, red ginseng of an amount equivalent to KRW 330 km of KRW 330 km of KRW 38,115,00 on November 9, 2015, red ginseng of an amount equivalent to KRW 330 km of KRW 330 km of KRW 38,115,00 on December 21, 2015, and red ginseng of an amount equivalent to KRW 330 km of KRW 43,312,00 on December 38, 2015 (four-year period) and 315 km of KRW 315 km of KRW 43,312,00 on each of the red ginseng (six-year period).
B. The Plaintiff urged the payment of KRW 119,872,00, which is the sum of the red ginseng’s price supplied to the Defendant Company as above, Defendant B, an executive director of the Defendant Company, jointly and severally guaranteed the Plaintiff’s obligation to pay the said goods to the Plaintiff on March 10, 2016.
2. Judgment on the parties' arguments
A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay damages for delay at the rate of 15% per annum from April 19, 2016 to the Defendant Company on the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff after the payment date of the above goods and from April 20, 2016 to the day of full payment, and from April 20, 2016 to the day of full payment to the day of full payment.
B. The defendant company asserts that the above ratio should be deducted from the above ratio in the case of red ginseng 4-year supply contract entered into with the plaintiff, since the defendant company is entitled to a deduction of 10% of the price of supply in the case of red ginseng 4-year supply contract entered into with the plaintiff, and 20% of the price of supply in the case of red ginseng 6-year supply.
However, there is no evidence to acknowledge the above assertion by the defendant company, so the above assertion by the defendant company cannot be recognized.
3. Conclusion, the plaintiff.