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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 9,383,050 among the Plaintiff’s counterclaim and KRW 8,206,250 among them, the Defendant (Counterclaim Plaintiff)’s KRW 9,383,050 on December 24, 2011.
Reasons
1. Determination on the main claim
A. As to Defendant B, the Plaintiff (A) (D) supplied mooring, etc. to Defendant B from August 2010 to December 23, 2011 (hereinafter “instant contract”) and the amount of goods not paid as of December 23, 2011 is KRW 8,206,250.
B) On May 21, 2012, the Plaintiff entered into a contract with Defendant B for the supply of mooring land (hereinafter “second contract”).
After the conclusion of the contract, until June 6, 2012, to Defendant B provided 1,176,800 won in total. [Grounds for recognition] Evidence Nos. 1 through 3 (including each serial number, if any; hereinafter the same shall apply)
(2) According to the above facts, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the amount of KRW 9,383,050 (i.e., KRW 8,206,250) and KRW 8,206,250, whichever is the day following the date of final supply of the first contract, for KRW 1,176,80 from December 24, 201, which is the day following the date of final supply of the second contract, and for KRW 1,176,80 from June 7, 2012, which is the day following the date of final supply of the second contract, the remaining KRW 6% per annum under the Commercial Act until March 11, 2014, and for KRW 8,206,250 from the next day to the day of full payment, damages for delay shall be paid at each rate of 20% per annum as prescribed by the Special Act on the Promotion, etc. of Legal Proceedings.
B. 1) The Plaintiff’s assertion against Defendant C was made orally by Defendant C, including the outstanding amount of KRW 8,206,250 under the first contract, at the time of the conclusion of the second contract between the Plaintiff and the Defendant B, to guarantee the Plaintiff’s obligation to pay the price for the goods to the Plaintiff. As such, Defendant C is jointly and severally liable with the Defendant B to pay the Plaintiff the price for the goods as well as the compensation for delay. 2) There is no evidence to support that Defendant C guaranteed the Plaintiff’s obligation to pay the price for the goods to the Plaintiff.
Therefore, the plaintiff's objection.