beta
Text
1. Defendant A Co., Ltd.: KRW 96,607,073 and 6% per annum from September 3, 2016 to November 28, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company engaged in the manufacture and sales of drugs, and Defendant A (hereinafter “A”) is a company engaged in pharmaceutical wholesale and retail business.
B. On October 23, 2006, the Plaintiff supplied the Plaintiff’s pharmaceutical products to Defendant A, and the Defendant A entered into an agreement on the supply of pharmaceutical products to pay the price to the Plaintiff (hereinafter “instant agreement”).
According to Article 3(1) of the instant transaction agreement, “When a bill or check paid by the Defendant A is not repaid due to its default,” the benefit of time shall be deemed to be lost.
C. At the time of the instant agreement, Defendant B and C jointly and severally guaranteed Defendant A’s obligation to the Plaintiff (hereinafter the instant joint and several surety).
Under the instant transaction agreement, the Plaintiff supplied drugs to Defendant A by July 2016.
Defendant A was suspended from check account transactions on September 2, 2016, and around that time, the outstanding amount for Defendant A was KRW 116,607,073.
The outstanding amount is the price of goods supplied by the Plaintiff from 2015 to July 2016.
(1) The Plaintiff and Defendant C’s seal is presumed to have been repaid in the order of the price obligations for the goods that became due and due. As such, KRW 39 million out of the outstanding amount of KRW 40,495,482 as of December 31, 2015 was repaid in 2016, and the total sum of the outstanding amount in 2015 and the outstanding amount in 2016 to July 2016 is KRW 116,607,073 of the outstanding amount). [Grounds for recognition] No. 1 of the transaction agreement, and the agreement between the Plaintiff, Defendant A, and Defendant C do not conflict with each other, and between the Plaintiff and the Defendant C on the above transaction agreement, and thus, it is presumed that the act of sealing and sealing was duly formed by the Defendant C’s intent.
Defendant C. Of the above transaction agreement, Defendant C.