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1. The Defendants jointly and severally liable to the Plaintiff KRW 64,00,000 and Defendant A with respect thereto from April 30, 2016.
Reasons
1. The following facts are acknowledged in full view of the existence of no dispute between the parties to the facts of recognition, and the purport of the entire pleadings in Gap evidence Nos. 4 and 8.
A. On December 29, 2014, the Plaintiff entered into a contract for the supply of goods with Nonparty B to supply 9 freezings to KRW 330,000,000 (including value-added tax). On March 3, 2015, the Plaintiff completed the supply under the said contract.
B. The Plaintiff received 66 million won down payment, and 200 million won, which is part of the remainder, from B, and the remainder 64 million won was not paid. The Defendants, according to the Plaintiff’s evidence No. 5 on June 26, 2015, indicated on June 26, 2015, the date on which the payment certificate was prepared is indicated as June 26, 2016. However, in light of the fact that the Defendant Company did not dispute the authenticity or content of the said payment certificate, it appears to be erroneous as of June 26, 2015.
The Plaintiff prepared a payment certificate to the effect that he will pay the balance upon the completion of the operation of the freezing machine.
C. On July 13, 2015, Nonparty C prepared a written confirmation of completion of the trial operation that confirms that the operation of the said freezing machine was completed, and issued it to the Plaintiff.
2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 64 million and the damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 12, 2016 to the date of full payment, on the record, which is obvious from the day following the day when the instant complaint was served to the said Defendant, as the Plaintiff sought by the Plaintiff. The Defendant Dong Co., Ltd is jointly and severally liable to pay to the Plaintiff the damages for delay calculated from January 12, 2016 to the day of full payment.
3. As to the judgment on the assertion by the defendant Dong corporation, the defendant Dong corporation is also based on the contract between the plaintiff and the defendant Eul, and the defendant Dong corporation is also the defendant.