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1. The Defendants are jointly and severally liable to the Plaintiff for 25,813,890 won and 6% per annum from December 1, 2015 to February 3, 2016.
Reasons
1. Facts of recognition;
A. On March 2, 2015, the Plaintiff supplied ready-mixed with Defendant A Co., Ltd. (hereinafter “Defendant Company”) at the work site located in the window of Changwon-si (hereinafter “instant work site”), and the Defendant Co., Ltd agreed to pay the ready-mixed at the end of the following month after receiving a claim from the Plaintiff, and Defendant B guaranteed the Defendant Co., Ltd’s obligation to pay the above ready-mixed.
B. From March 2, 2015 to October 9, 2015, the Plaintiff supplied ready-mixeds equivalent to KRW 86,175,430 in the instant work site and demanded payment to the Defendant Company. The Defendant Company paid KRW 60,361,540 in total to the Plaintiff by December 3, 2015.
[Grounds for Recognition as to Defendant Company] Confession deemed as confession [Grounds for Recognition as to Defendant B] 1 to 3, each of the entries and the purport of the whole pleadings
2. According to the facts of the above recognition as to the plaintiff's claim, the defendant company is the principal debtor, and the defendant B is jointly and severally liable to pay to the plaintiff the remainder of the ready-mixed price of 25,813,890 won (86,175,430 won - 60,361,540 won) and damages for delay at each rate of 15% per annum under the Commercial Act from December 1, 2015 to February 3, 2016, which is apparent on the date of final delivery of the original copy of the payment order in this case, until February 3, 2016, and from the following day to the date of full payment.
In regard to this, Defendant B argued that the above ready-mixed amount of KRW 25,813,890 includes the amount of ready-mixed supplied to another site, not the work site of this case. However, the fact that the Plaintiff supplied ready-mixed equivalent to KRW 86,175,430 to the work site of this case is recognized as above. Thus, the Defendant’s above assertion is rejected.
3. According to the conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.