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1. The Defendants jointly and severally committed against the Plaintiff KRW 61,820,476 and Defendant A Co., Ltd. from January 19, 2016.
Reasons
On April 17, 2015, the Plaintiff entered into a consignment sale contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the supply of concrete mixtures, and Defendant B jointly and severally guaranteed the Defendant A’s goods payment obligation with respect to the Plaintiff. From April 2015, the Plaintiff supplied the Defendant A with a concrete mixture product and supplied the goods price for which was not received from the Defendant A, from April 2015, was 61,820,476, and there is no dispute between the parties.
Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the unpaid amount of KRW 61,820,476 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 19, 2016 to the date of full payment, and from January 21, 2016 to the date of full payment.
The Defendants’ assertion as to the Defendants alleged that the Defendants suffered losses from the discontinuance of transaction from Defendant A’s customer on the grounds that the Plaintiff’s concrete mixtures supplied falls short of performance standards, and thus, they cannot comply with the Plaintiff’s claim. As such, each of the entries in the evidence Nos. 1, 2, and 2-1, 1-2, and 2-2 are insufficient to acknowledge the Defendants’ assertion, and there is no other evidence to acknowledge it. Therefore, the Defendants’ assertion is without merit.
In conclusion, the plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.