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1. Defendant B Co., Ltd. shall pay 80,000,000 won to the Plaintiff and 15% per annum from June 3, 2017 to the date of full payment.
Reasons
1. On January 15, 2007, the Plaintiff entered into an original supply contract with Defendant B Co., Ltd. (formerly changed: D Co.), whereby the Defendant B Co., Ltd. entered into an agreement with the Defendant B Co., Ltd. to be supplied with the raw materials emitted from “Isan E and 14 lots” where the construction work of the factory site was in progress, and the Plaintiff was supplied with the raw materials and sold, the Plaintiff agreed to be provided with the raw materials of the part of the law in return for the removal and disposal of the earth and sand on the part of the land adjacent to the above construction site. However, the Plaintiff was unable to be provided with the raw materials of the legal area from Defendant B Co., Ltd. on October 13, 2009 and agreed to be paid KRW 80,000,000 for compensation, and between the Plaintiff and the Defendant B Co., Ltd. pursuant to Article 150 of the Civil Procedure Act.
Therefore, Defendant B Co., Ltd. is obligated to pay to the Plaintiff the amount of 80 million won agreed as above and the damages for delay at the rate of 15% per annum from June 3, 2017 to the day of full payment, which is the day following the day when the duplicate of the complaint of this case was served to Defendant B Co., Ltd., as sought by the Plaintiff.
2. Claim against Defendant C
A. In order to take out and process soil and sand on the land adjacent to the legal surface of the construction site at the construction site, the Plaintiff agreed to be supplied with the raw materials of the legal surface and disposed of them, and the Defendant Company was unable to be supplied with the raw materials of the legal surface from the Defendant Company B. As such, the Plaintiff asserted that, in preparing the agreement on supply of raw materials on October 13, 2009, the Plaintiff agreed to be paid 80 million won from the Defendant Company B, and Defendant C jointly and severally guaranteed the obligation to pay the said compensation.
As to this, Defendant C shall be compensated to the Plaintiff.