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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from January 28, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On July 10, 2014, the Plaintiff, who supplies food materials to the hospital, entered into a contract for the supply of food materials between D and D operating the medical business under the trade name of “C Hospital” in Suwon-gu, Suwon-si.
The main contents of the contract are ① The contract period shall be two years from the date of the first delivery.
2. D shall pay the price for the goods the plaintiff claims on a monthly basis by cash by the end of the following month;
③ The Plaintiff shall deposit KRW 50,000,000 with the deposit, and shall return it at the time of termination of the contract, early termination, or mutual agreement;
(4) Where D delays the settlement of the price of goods without any special reason, the plaintiff may terminate the contract.
The plaintiff began to supply food materials while paying deposit of KRW 50,000,000 to D.
B. The defendant is the above A.
On July 10, 2014, when concluding a contract for the supply of food materials in the port equipment, the Plaintiff is the Plaintiff as the Plaintiff.
Of the claims stated in the port, the obligation to return KRW 50,000,000 was jointly and severally guaranteed.
C. By December 17, 2014, the Plaintiff supplied D food materials of KRW 80,633,946 to D, which was not paid for the goods at all, and on the same day D.
The Food Materials Supply Contract was terminated.
Grounds for Recognition: Evidence A, Evidence 1, 2, 3, Evidence A-4-1, 2, Evidence A-5, Evidence A-6-1, 2, and 3, and the purport of the whole pleadings
2. If so, the Defendant, who jointly and severally guaranteed the obligation to return the deposit, is obligated to pay the Plaintiff the deposit KRW 50,000,000 as well as damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 28, 2015 to the date of full payment, which is clear that it is the date of delivery of the copy of the complaint of this case. Thus, the Plaintiff’s claim of this case seeking performance is justified, and it is so decided as per Disposition by citing it.