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1. The Defendants jointly and severally liable to the Plaintiff KRW 30,865,783 and Defendant C with respect thereto from May 15, 2019 to May 31, 2019.
Reasons
1. Recognizing the same facts as the entry in the list of the reasons for the claim.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination:
A. According to the above facts as to the cause of the claim, Defendant C is the obligor for the price of the instant goods, barring any special circumstance, and Defendant D is jointly and severally liable to pay 30,865,783 won and damages for delay payable to the Plaintiff as the joint and several surety.
B. As to the Defendant C’s assertion, Defendant C did not bear the responsibility to pay the price for the goods as it did not receive the instant goods from the Plaintiff.
However, as seen in the above facts, the plaintiff can recognize the fact that the plaintiff supplied the goods of this case to the defendant C, and there is no counter-proof evidence to reverse it.
Defendant C’s assertion is without merit.
C. From May 15, 2019 to May 31, 2019, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); Article 2(2) of the Addenda of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); Article 3(1) of the former Act on Special Cases Concerning Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 201); and Article 3(2) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
The provisions concerning statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended and promulgated on May 21, 2019, and were enforced from June 1, 2019, and the litigation was promoted.