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1. The Defendants jointly and severally committed against the Plaintiff KRW 60,709,145 and Defendant B Co., Ltd. from October 14, 2017.
Reasons
1. Facts of recognition;
A. On January 9, 2017, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to purchase each of the instant pressure equipment with the three UE U2E 2500 tons Aluminium voltages and ancillary equipment owned by the Japanese Group Co., Ltd. (hereinafter “instant Nos. 3”) with the Japanese United Nations 47,000,000 UN (UE 485,650,000 Won), five UBE 200 tons of Aluminium 200 tons and ancillary equipment (hereinafter “instant Nos. 5”) with the Japanese United Nations 39,00,000,000 UN (UE 403,000,000 won) for the purchase of each of the instant pressure equipment to the Japanese United Nations 86,000,008,608,608,608
(hereinafter “instant sales contract”). B.
On January 19, 2017, Defendant D drafted and issued to the Plaintiff a written confirmation that he/she will be jointly and severally liable with the Defendant Company regarding the instant sales contract.
C. As to the payment of the price, the instant sales contract determined that: (a) 4.5% of the advance payment on December 27, 2016, 2016; (b) 20.5% of the advance payment on January 10, 2017; (c) 25% of the first intermediate payment on February 20, 2017; and (d) 25% of the remainder payment on February 20, 2017 when the removal of machinery exceeds 50% (Article 2); (b) the entire transaction goods are to be supplied by no later than May 10, 2017 (Article 5); and (c) one party liable for the breach of the contract shall be liable for damages.
(Article 10). (d)
However, according to the instant sales contract, the Plaintiff was unable to take over KRW 482,869,145, including the sum of KRW 240,002,565 (including value-added tax) as the retainer and the down payment on December 27, 2016 and January 10, 2017, and KRW 242,866,580 (including value-added tax) as the intermediate payment on February 20, 2017, while paying KRW 242,86,580 to the Defendant Company, due to the Plaintiff’s reasons on April 20, 2017.