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1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 38,837,204 and the period from July 12, 2017 to December 14, 2017.
Reasons
1. Basic facts
A. The Plaintiff was a juristic person operating the contact tape manufacturing business, etc. from February 2017 to April 30, 2017, and supplied goods, such as tape, to Defendant A (hereinafter “instant contract”). The time for payment of the price was to pay the price for the goods supplied from the first day of each month to the last day of the following month, and Defendant B’s debt was jointly and severally guaranteed by Defendant B.
B. The price that Defendant A did not pay to the Plaintiff out of the price of the goods under the instant contract is KRW 38,837,204.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5, and 6 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the principal obligor and the Defendants, a joint and several liability obligor, are jointly and severally liable to pay to the Plaintiff the amount of KRW 38,837,204 for the goods under the instant contract and the damages for delay at each rate of KRW 15% per annum under the Commercial Act from July 12, 2017, which is deemed reasonable for the Defendants to dispute on the existence or scope of the instant obligation from July 14, 2017 to December 14, 2017, which is the date of the instant judgment, and from the following day to the date of full payment.
B. The Defendants asserted that the instant contract was based on credit transaction and was not limited to the size and scope of the credit amount, and thus, they cannot immediately claim the unpaid amount of goods. However, as seen earlier, Article 3 of the instant contract states that “the price for goods supplied from the first day of each month to the last day of each month shall be paid on the 15th day of the following month,” and at least, the payment period for the goods payment shall arrive at the 15th day of the following month after the date on which the Plaintiff supplied the final goods.