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1. The Defendants jointly and severally against the Plaintiff KRW 151,952,880 and the Defendants Company B with respect thereto on May 2, 2017.
Reasons
1. Facts of recognition;
A. On November 15, 2016, the Plaintiff and Defendant B entered into a contract with the Plaintiff that the contract amount including value-added tax was KRW 238,810,000 and that the Plaintiff would supply the said Defendant with the 3rd-level Aluminium.
B. On the same day, Defendant C Co., Ltd. has jointly and severally guaranteed the obligation to pay the above goods to the Plaintiff in Defendant B. The goods supply contract prepared between the Plaintiff and the Defendants stated that “if Defendant C Co., Ltd. has jointly and severally and severally guaranteed the conditions, the additional quantity enters a factory until February 16, 2017, the said conditions are attached to the condition that “if such conditions become effective, the joint and severally guaranteed obligation is invalid.”
C. The Plaintiff and Defendant B, upon receiving an order from Company D, requested production from Company D to Company E, and the Plaintiff intended to supply goods to Company E by directly supplying Aluminum to Company E, and both Company E supplied Aluminum products to Company E by February 16, 2017.
The Plaintiff supplied the goods equivalent to KRW 232,207,635 to Defendant B by November 30, 2016, and additionally supplied the goods equivalent to KRW 16,745,245 to February 16, 2017. However, the Plaintiff was paid KRW 97,00,000 out of the goods price by Company B, and the goods price that the Plaintiff was not paid by the Plaintiff is KRW 151,952,880 (=232,207,635 won - KRW 16,745,245 won - KRW 97,00,000).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. According to the above facts of determination, the defendants are jointly and severally liable to pay to the plaintiff 151,952,880 won of the goods price and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day after the delivery of a copy of the complaint to the day of full payment. The plaintiff's claim of this case is reasonable, and therefore, it is so decided as per Disposition.