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1. The part of the judgment of the court of first instance against Defendant E shall be revoked;
2. Defendant E Co., Ltd. shall be the Plaintiff on 79.
Reasons
1. Determination as to the claim against Defendant E
A. The Plaintiff’s determination as to the cause of the claim may be acknowledged by comprehensively taking account of the following: (a) the Plaintiff supplied the pipe and other building materials to Defendant E Co., Ltd. (hereinafter “Defendant E”); (b) the fact that the Defendant E paid a part of the price for the goods and did not pay the remainder of KRW 79,968,224, the remainder of the price for the goods, and the fact that the Plaintiff did not dispute between the parties; (c) the evidence Nos. 1, 2, 3, and 6 (including the serial number); and (d) evidence Nos. 1 and the overall purport of the pleadings.
According to the above facts of recognition, Defendant E is obligated to pay to the Plaintiff the amount of 79,968,224 won of the unpaid goods and damages for delay calculated at the rate of 15% per annum from April 3, 2018 to the day of full payment, which is the day following the day when the copy of the complaint of this case was served to Defendant E, which is the day when the copy of the complaint of this case was served to the Plaintiff.
B. Determination 1 on Defendant E’s assertion on the assertion of payment in kind
A) As to the provisions of G and H, while the Plaintiff had not completed the registration of ownership transfer with respect to each of the above officetels, the Plaintiff asserted that it is impossible to comply with the Plaintiff’s claim on the ground that the auction procedure for real estate was initiated in a third party. In order to take effect on the extinguishment of payment in kind, other benefits provided by the obligor in lieu of the original performance should be realistic. In such a case, if other benefits are the transfer of ownership of real estate, the original obligation shall be extinguished, and unless the registration takes effect on the transfer of ownership of real estate, the original obligation shall not be extinguished.