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Defendants are jointly and severally liable to the Plaintiff for KRW 53,947,300 and Defendant B from November 26, 2013; and Defendant C from November 26, 2013.
Reasons
1. Determination as to the claim against the defendant B
A. (1) The Plaintiff, who engages in the wholesale and retail business of new and renewable materials, entered into a contract for the supply of goods (hereinafter “instant goods supply contract”) between Defendant B and Defendant B, who engages in the sales business of new and renewable materials around March 2013, and the Plaintiff entered into a contract for the supply of goods (hereinafter “instant goods supply contract”). From March 26, 2013 to May 2, 2013, the Plaintiff imported and supplied new items worth KRW 68,947,300 to Defendant B from March 26, 2013.
(B) Defendant B paid 15,00,000,000 won to the Plaintiff via Defendant C as the price for the said goods, including the total of KRW 10,00,000,000 on May 4, 2013 and KRW 5,00,00 on May 24, 2013.
[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, 3, Gap evidence Nos. 4, 5-1, 2, and 5-1, 3-2, and Eul evidence No. 5-2, and the purport of the whole oral argument No. 2 (Evidence No. 2) as to Eul evidence No. 2, barring any special circumstance, defendant Eul is obligated to pay to the plaintiff damages for delay at the rate of 20% per annum from November 26, 2013 to the date of complete payment of the complaint No. 53,947,300 ( KRW 68,947,300 - KRW 15,000) as requested by the plaintiff.
B. Defendant B’s assertion (1) asserts that Defendant B’s assertion was supplied with the Plaintiff’s 5,043 turn 1 and sold the 4,000 turn 1,50 turn 3,500 turn 1,00 turn 3,500 turn 3,00 turn 3,00 turn 3,00 turn 1,00 turn 2, and is kept in custody to return the remaining defective goods to the Plaintiff. As such, Defendant B’s claim against the Plaintiff should settle the amount of the goods claimed by the Plaintiff, such as deducting the price of the goods for the remainder 2,50 turn 2,50 turn 2,50 turn 2,00 turn 2,00 turn 3,00 turn 3,
(2) The determination is based on the supply of defective or inferior products.