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1. The Plaintiff:
A. Defendant B Co., Ltd. shall be KRW 144,00,000 and its amount shall be from October 18, 2018 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. (1) On September 15, 2017, the Plaintiff entered into a contract for the purchase of equipment (hereinafter “instant contract”) with the Defendant Company with the Defendant Company on September 15, 2017 between the Plaintiff and the Defendant Company B (hereinafter “Defendant Company”). The contract amount of the Plaintiff’s cutting machine (hereinafter “instant equipment”): KRW 561,00,000 (including value-added tax), the payment terms: 30% of the down payment, the intermediate payment, 40% of the remainder, and one month from the completion date of inspection: the remainder, the place: the Defendant Company’s Jcheon Factory, and the payment period: the Plaintiff’s purchase of equipment by determining as the period of September 20, 2017 (hereinafter “instant contract”).
(2) Under the instant contract, the Plaintiff completed the supply of the instant equipment to the Defendant Company on September 22, 2017, and was not paid KRW 144,00,000 out of the contract amount by the Defendant Company.
(3) On the other hand, on September 21, 2017, Defendant C borrowed KRW 114,50,000 from the Plaintiff with respect to the instant contract, and agreed to repay KRW 11,450,000 each ten times from December 30, 2017 to September 30, 2018, and prepared a written loan agreement (Evidence 6, hereinafter “the instant loan agreement”) with the same content and delivered it to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, purport of the whole pleadings
B. According to the above findings of the determination, the Defendant Company is obligated to pay the Plaintiff the unpaid amount of KRW 144,00,000,000, and delay damages therefor, out of the contract amount for the instant equipment.
In addition, Defendant C entered into a quasi-loan agreement with the Plaintiff on the loan of KRW 114,50,000,000, out of the amount of supplied goods unpaid to the Plaintiff by Defendant C, and thus, Defendant C is obligated to pay the Plaintiff the above KRW 114,50,000 and delay damages therefor. The Defendant C’s obligation to the Plaintiff and the Defendant Company’s obligation are the same.