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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 212,418,766 and the interest rate thereon from November 8, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company with the objective of steel trade, wholesale and retail trade, etc., and the Defendant A is the representative director of B corporation for the purpose of an engineering work business, building work business, etc. (hereinafter “B”), and the Defendant Sam Young Land Co., Ltd. (hereinafter “Defendant Sam Young Land”) is a company with the purpose of soil work business, building work business, etc.
B. As ordered by B on May 23, 2016, the Plaintiff and B agreed to supply B with steel bars of KRW 535,00 per ton (value-added tax separate) and the amount of the goods shall be settled at the end of the following month and paid at the end of the following month, and if the price of the goods is not paid by the due date, the amount of the goods shall be paid at the rate of 20% per annum from the date following the due date until the date of full payment.
Defendant A and Defendant Sam Young-gu jointly and severally guaranteed the obligation to pay the price for the goods to the Plaintiff on the same day.
(2) In the case of joint and several sureties’s joint and several sureties’s contract, Defendant Sam Young Construction sent facsimile to the Plaintiff with the seal of the contract for joint and several sureties’s contract in order to guarantee the Plaintiff’s obligation to the Plaintiff. However, Defendant Sam Young Construction requested another joint and several sureties to be disqualified as a joint and several sureties, and the Plaintiff became a joint and several sureties, and the joint and several sureties’s joint and several sureties was reversed between the Plaintiff and Defendant Sam Young Construction. However, there is no evidence to acknowledge this).
B At the construction site in C (hereinafter “instant construction site”) in both weeks, the Company performed the construction work with a contract from D Company, and D Company jointly and severally guaranteed the obligation to pay goods to the Plaintiff incurred in relation to the said construction site on May 23, 2016.
As ordered by B, the Plaintiff is from May 26, 2016 to September 26, 2016.