물품대금
1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 77,749,720 and the Defendants B from December 1, 2012 to March 3, 2014.
1. Basic facts
A. The Plaintiff is a person who engages in wholesale and retail business of freezing fishery products under the trade name of “F.”
On March 17, 2011, the Plaintiff supplied fishery products to G registered as joint business operators by Defendant B, C, and D (hereinafter “instant database”) and continued transactions until July 6, 2012.
B. The Plaintiff did not receive KRW 77,422,270 out of the above payment until July 6, 2012, and notified Defendant B, C, and D of the same day to suspend the transaction. On July 30, 2012, the Plaintiff received a letter of confirmation of payment (Evidence 2) stating that “The Defendant B, Defendant B, and Defendant E, a joint equity holder of the instant software, and a joint guarantor, agree to jointly pay the said payment in installments from August 2012 to November 30, 2012.”
[Ground of recognition] Facts without dispute, entry of Gap 1 through 7, 11 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the facts of recognition as to the Plaintiff’s claim, barring any other special circumstances, Defendant B, C, and D are joint and several sureties, and Defendant E is jointly and severally liable to pay the same amount or the agreed amount of KRW 77,422,270 as joint and several sureties, and as the Plaintiff seeks, the copy of the complaint from December 1, 2012 is served on the Defendants; Defendant B is until March 3, 2014; Defendant C is up to December 12, 2013; Defendant D is up to December 10, 2013; Defendant D is up to December 10, 2013; Defendant E is up to six percent per annum under each Commercial Act from April 24, 2014; and damages for delay calculated at an annual rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
3. Determination as to Defendant B’s assertion
A. On August 30, 2012, the Defendant: (a) transferred his/her share to H; and (b) withdrawn from a joint business proprietor of the instant Party.
At the time H assumed all the obligations of Defendant B.
The plaintiff knew the fact of debt acquisition and accepted it, and thereafter continue to trade with H.