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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation that runs the ready-mixed manufacturing business, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation that runs a reinforced concrete construction business, etc., and Defendant C is the representative director of the Defendant Company.
B. On March 30, 2018, Defendant Company entered into a contract with the Plaintiff and the Plaintiff to pay the price on the last day of the following month, and Defendant C jointly and severally guaranteed the Defendant Company’s obligation to pay the price.
C. Around August 2018, at the request of the Defendant Company, the Plaintiff completed the supply of ready-mixed by August 31, 2018 at the construction site of Ulsan-gun D Single-gun, Ulsan-gun, and the supply price of ready-mixed supplied as above is KRW 5,626,500.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts as to the cause of the claim, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 5,626,500 per annum from September 1, 2018, which is the day following the due date to which the original copy of the instant payment order was served to March 25, 2019, and KRW 5% per annum under the Civil Act from September 1, 2018 to March 25, 2019; the next day to May 31, 2019, the main text of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); and KRW 15 per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 201).
B. As to the Defendants’ assertion, the Defendant Company was awarded a contract for the said detached house construction from the E Company, but failed to reach an agreement on the construction cost with the E Company, and waived the construction work.
Then, the defendant company introduced E company to the plaintiff, and the plaintiff supplied E company with ready-mixed at the request of E company. Thus, the defendants supplied the above ready-mixed price to the plaintiff.