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1. The Defendants jointly and severally agreed to the Plaintiff KRW 32,035,840, and 5% per annum from October 1, 2013 to November 3, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a company whose business purpose is the production and sale of ready-mixeds. Defendant New Sea Fisheries Corporation is the owner of the fishery product processing facility construction (hereinafter “instant construction”), Defendant New Sea Fisheries Corporation’s construction of chemical construction, which was contracted by Defendant New Sea Fisheries Corporation for the said construction by Defendant New Sea Fisheries Corporation, Defendant LAWC Co., Ltd. (hereinafter “Defendant LAWC”) is a company that lent its name in the name of the Corporation.
B. Around 2013, the construction of YAW Co., Ltd. requested the Plaintiff to supply ready-mixed in the name of Defendant LAWC, and Defendant New Sea fishery partnership jointly and severally guaranteed Defendant LAWC’s obligation to pay ready-mixed.
C. Accordingly, during the period from April 3, 2013 to September 13, 2013, the Plaintiff supplied an amount equivalent to KRW 50,035,840 in total at the instant construction site at the instant construction site, and received KRW 18,00,000 out of that amount from Defendant New Sea Fisheries Corporation.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendants are jointly and severally obligated to pay 32,035,840 won for ready-mixed (=50,035,840 won - 18,000,000 won) and 5% per annum under the Civil Act from October 1, 2013 to November 3, 2015, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, as requested by the Plaintiff.
B. Defendant New Sea Fisheries Association has jointly and severally guaranteed the payment of ready-mixed to be paid by Defendant LAWC. However, Defendant LAWC suspended construction on or around May 2013 and replaced the remaining construction work by a chemical construction company around August 2013. Defendant New Sea Fisheries Association asserts that there was no fact that the Plaintiff jointly and severally guaranteed the payment of ready-mixed after August 2013.
However, the defendant new sea fishery partnership corporation shall do so.