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1. As to KRW 61,570,800 among the Plaintiff and KRW 250,000 among them, the Defendant shall start from June 1, 2016 to June 2, 2017.
Reasons
1. Basic facts
A. On September 20, 2014, the Plaintiff was supplied with scrap metal by C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), and the supply price was deducted from the above advance payment the Plaintiff paid KRW 1 billion in advance to the Non-Party Co., Ltd., and the contract price was 300 won per 1kg (per 1kg), and the contract price was 300 won for the contract period, and from October 1, 2014 to September 30, 2016, the Plaintiff concluded a supply contract with the Non-Party Co., Ltd. as advance payment under the above contract for the supply of scrap metal.
B. On April 8, 2016, the Plaintiff: (a) calculated KRW 766,057,530,000, which was deducted from the supply price of scrap metal supplied during the advance payment, as of March 31, 2016; (b) changed the contractual unit price into KRW 180,000 per 1 kilogram; (c) on the other hand, the Plaintiff loaned KRW 250,000,000 to the non-party company on May 31, 2016, separately from the above contract for the supply of scrap metal, as a director of the non-party company, the Defendant jointly and severally guaranteed the repayment obligation and the loan obligation of the non-party company.
C. During the period from April 4, 2016 to August 31, 2016, the non-party company supplied scrap metal to a certain level for each month, but thereafter suspended the supply of scrap metal, and the Plaintiff filed a lawsuit against the non-party company on November 18, 2016 with the Changwon District Court 2016Gahap670, stating that the remaining advance payment would be refunded. The non-party company supplied a small number of scrap metal from March 31, 2017 to April 20, 2017 during the lawsuit.
Meanwhile, from April 4, 2016 to April 20, 2017, the scrap metal supplied by the non-party company to the Plaintiff is KRW 354,486,730 in total, and most of them are the same.
was supplied prior to the filing of the suit described in the subsection.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings
2. According to the above-mentioned facts and the evidence revealed earlier, the non-party company’s judgment on the grounds of the claim is based on the following facts.