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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,000,00 and a duplicate of the attached Table from January 28, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On January 28, 2015, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) confirmed that the Defendant Company received KRW 40 million from the Plaintiff as of January 28, 2015, and entered into an agreement with the Plaintiff (hereinafter “instant agreement”) with the effect that the said amount will be repaid until April 30, 2015, and that the said amount will be paid at the rate of 4% (48%) per annum (hereinafter “instant agreement”).
B. From October 8, 2009 to April 6, 2011, Defendant C, who worked as joint representative director of the Defendant Company, and from March 23, 2015, jointly and severally guaranteed the Defendant Company’s obligation to pay the instant contract amount to the Plaintiff.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. The assertion and judgment
A. According to the above facts as to the cause of claim, barring any special circumstance, the Defendants shall jointly and severally pay to the Plaintiff the amount of KRW 40,000,000 and the amount of delay interest or delay damages calculated at each rate of 20% per annum within the limit of 48% per annum, which is the agreed interest rate, from January 28, 2015 to the pertinent date, within the “date of delivery of a duplicate copy of the complaint” in the attached Table, which the Defendant Company received from the Plaintiff, to the Plaintiff, within the limit of 48% per annum, which is the agreed interest rate, from the following day to the date of full payment.
B. As to the Defendants’ assertion, the instant agreement concerns the price for the goods that the Plaintiff paid in excess of the Defendant Company. As of August 19, 2014, the amount of the goods that the Plaintiff paid in excess of the Defendant Company was KRW 41,600,000, but the Defendant Company supplied the Plaintiff with the goods equivalent to KRW 154,570,845 on December 30, 2014, and the Plaintiff paid KRW 92,20,000 as of January 6, 2015, and KRW 40,000 as of January 8, 2015, and the Defendant Company returned to the Plaintiff on January 30, 2015, KRW 2,890,000 out of the price for the goods.