On January 22, 2018, the Plaintiff, a corporation engaging in wholesale and retail business of construction materials, commenced transactions with E Co., Ltd. (hereinafter “Non-Party Company”), and was submitted a joint and several guarantee letter with the content that the representative director of the Non-Party Company is jointly and severally guaranteed by Defendant C and Defendant D.

At the request of F from February 2, 2018 to April 6, 2018, the Plaintiff supplied non-party company’s goods of class 2 of class 2, 471,016 in total at the construction site of the Nam-gu Incheon Metropolitan City, Nam-gu G construction site.

Non-Party Company paid KRW 18,00,000 on January 31, 2018 and KRW 2,000,000 on February 2, 2018 as advance payment, and did not pay the remainder of KRW 72,471,016 (i.e., KRW 92,471,016 - KRW 18,000,000 - KRW 2,000).

[Ground of recognition] No dispute exists. According to the facts stated in Gap evidence Nos. 1 through 10 (including branch numbers if there is a serial number), and the purport of the whole pleadings, the defendants are jointly and severally liable to pay to the plaintiff the amount of unpaid goods 72,471,016 won, and damages for delay calculated at the rate of 15% per annum from November 22, 2018 to May 31, 2019, which is clear that the original copy of the payment order in this case was served on the defendants.

The Plaintiff sought for the payment of damages for delay calculated at the rate of 15% per annum for the period after June 1, 2019. However, since the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended by Presidential Decree No. 29678, Jun. 1, 2019, the statutory interest rate under the aforesaid Act was revised to 12% per annum, the Plaintiff’s claim for this part is rejected.

The Defendants asserted that the field employees of the non-party company voluntarily set up a joint and several surety in the name of the Defendants. However, according to the evidence above, the Defendants are each themselves.