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1. The Defendants are jointly and severally liable to the Plaintiff for 66,00,000 won and the period from December 13, 2020 to January 27, 2021.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 and 2:
A. On July 5, 2018, the Plaintiff paid advance payment of KRW 35,00,000 to Defendant B (hereinafter “Defendant B”) for the transaction with Defendant B Company (hereinafter “Defendant B”). On July 9, 2018, the Plaintiff suffered reduction of capital equivalent to KRW 46,00,000,000. On July 31, 2018, the Plaintiff deposited advance payment of KRW 49,000,000 and deposited KRW 3,00,000,000 (hereinafter “instant supply contract”). (b) The Plaintiff received the payment of KRW 4,720,000 on July 12, 2018, KRW 20,000 on July 27, 200, KRW 1000 on the instant supply contract from the person who received the payment of KRW 3,00,000 on July 18, 208, 2088.
(c)
Meanwhile, the Plaintiff spent KRW 35,000,000 in total for warehouse rents from June 2018 to May 2020 to store and store agricultural products to be supplied to the Defendant under the instant supply contract.
(d)
Defendant C is the representative of Defendant B, and a written statement of cash payment, stating that the unpaid amount and the return of advance payment under the supply contract of this case would be paid KRW 72,00,000 on October 6, 2018, was prepared and delivered to the Plaintiff.
E. Since then, the Plaintiff received KRW 20,000,000 around December 28, 2018.
F. Defendant C paid KRW 52,00,000 to the Plaintiff on September 9, 2019, and paid KRW 10,000,000 per month from the end of November to the end of each month. Defendant C prepared and supplemented a letter of cash payment stating that KRW 14,00,000 for warehouse shall be calculated in December.
2. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion is to collect KRW 168,00,000 from the Defendant the sum of the amount paid as advance payment ( KRW 84,00,000) and the amount of capital reduction and the amount of KRW 49,000 ( KRW 35,000) and warehouse rent ( KRW 35,000). Since the Defendant received KRW 96,60,000 from the Defendant, the Defendant is liable to pay KRW 71,40,000 (= KRW 168,00,000 - KRW 96,600,000) and damages for delay.
The argument is asserted.
(b) judgment;