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1. The Defendants jointly and severally against the Plaintiff KRW 110,00,000 and the Defendant Company A with respect thereto.
Reasons
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, the plaintiff, a company engaged in the business of installing and maintaining communications equipment, entered into a contract with the National Armed Forces Command on August 19, 2016 for the supply of digital image and/or photograph editors to KRW 123,942,580. The plaintiff, on August 22, 2016, entered into a contract with the defendant A Co., Ltd. (hereinafter "the defendant company") to implement all the conditions on the above goods and paid KRW 110,000,000 to the defendant around that time, and the defendant paid KRW 110,00,000 to the defendant. The contract between the plaintiff and the National Armed Forces Command headquarters was terminated, the contract between the plaintiff and the defendant was rescinded (or terminated) and the above contract was rescinded (or terminated). The plaintiff cannot be acknowledged to be redeemed to the plaintiff on December 28, 2016.
According to the above facts, since the above contract between the plaintiff and the defendant company was lawfully rescinded (or terminated) due to the default of the defendant company, the defendant company as the principal debtor of the contract, and the defendant company as the joint guarantor, and the defendant Eul and C are jointly and severally liable to pay to the plaintiff 110,000,000 won, which is the amount equivalent to the goods price paid by the plaintiff due to restitution or damages, and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the date of service of a copy of the complaint of this case (as for the defendant corporation A, April 29, 2017; as for the defendant corporation, April 8, 2017; as for the defendant corporation, May 2, 2017) to the date of full payment
Defendant C (the representative director of the Plaintiff at the time of preparation of the evidence No. 4) and Defendant B above to the Plaintiff.