양수금
1. The Defendants jointly pay to the Plaintiff KRW 1,050,000,000 as well as to the day of full payment from October 20, 2017 to the day of full payment.
1. As to the cause of the claim, Defendant B prepared a note of payment that Defendant B shall pay KRW 1.5 billion to D on January 18, 2017 by the date of August 18, 2017, and Defendant C guarantees it; and D, on August 24, 2017, notified the Plaintiff of the transfer of the said claim on the same day, and notified Defendant B of the said assignment of claim on August 28, 2017, with the purport of the entire pleadings written in the evidence No. 1-3, No. 1-2, 2-3, and 4.
Therefore, Defendant B and Defendant C, the principal obligor, jointly, have a duty to pay to the Plaintiff, the assignee of the claim KRW 1.5 billion and to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 20, 2017 to the day of full payment, as sought by the Plaintiff.
2. As to the defense of Defendant C, Defendant C, the primary debtor, has the ability to repay, and it is easy to execute the contract on the real estate owned by Defendant B and the deposit claim, etc., so the primary debtor should first file a claim for performance, and the defense of the highest and search.
On the other hand, the right of defense of the guarantor's highest and search can be exercised only when the guarantor proves that he/she has the ability to repay to the principal debtor and that it is easy to execute the warrant. However, it is not sufficient to acknowledge the fact that he/she has the ability to repay to the principal debtor, and there is no other evidence to acknowledge it. Thus, the above defense by the defendant C is without merit.
3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.