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1. The plaintiff
A. Defendant C’s KRW 85 million and its total amount of KRW 80 million from May 1, 2015 to February 2, 2016.
Reasons
1. The following facts may be acknowledged in full view of the following facts: there is no dispute between the parties; or evidence Nos. 1 through 3; and evidence No. 1; and the purport of the whole pleadings:
On February 6, 2015, the Plaintiff purchased the “one unit of Home-Madon Air” (hereinafter “instant machinery”) owned by Defendant C from Defendant B in the amount of KRW 118 million, and agreed to pay KRW 80 million between Defendant B and the remainder of KRW 38 million on the date of the contract, and at the time of completion of trial operation after installing the machinery (hereinafter “instant mechanical sales contract”).
B. According to the instant mechanical sales contract, the Plaintiff paid to Defendant B a total of KRW 80 million on February 6, 2015, including KRW 30 million on the date of the instant contract, and KRW 50 million on February 9, 2015. However, Defendant B was unable to install the instant machinery due to an accident during which it was transported to the Plaintiff’s factory. Accordingly, the Plaintiff and Defendant B rescinded the instant sales contract, and Defendant C, who received the down payment from the instant mechanical sales proceeds through Defendant B, agreed to pay the Plaintiff KRW 85 million by April 30, 2015 (hereinafter “instant agreement”).
2. According to the facts of recognition as to the claim against Defendant C, Defendant C is obligated to pay to the Plaintiff the amount of KRW 85 million under the agreement of this case and KRW 80 million from May 1, 2015 to February 2, 2016, which is the day following the date of payment of the above agreement, 5% per annum under the Civil Act 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 payment.
3. Determination as to the claim against the defendant B
A. According to the facts of the judgment as to the cause of the claim 1, as the instant mechanical sales contract was terminated by agreement, Defendant B jointly with Defendant C for the payment of the fixed amount out of the money stated in the said 2.1.