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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 265,240,00 and the interest thereon from July 10, 2018 to the date of full payment.
Reasons
1. Comprehensively taking into account the overall purport of the statements and arguments as to the cause of the claim, Gap evidence Nos. 1, 2, and 3-1 through 6, the plaintiff entered into a contract with the defendant A Co., Ltd. (hereinafter "the defendant A") that is a company for the purpose of manufacturing and selling concrete products on February 23, 2017 to supply ready-mixed at the construction site of the defendant A. In such cases, the defendant B, the representative director of the defendant A, jointly and severally guaranteed the defendant A's obligation to pay ready-mixed at the construction site of the defendant A from February 24, 2017 to February 13, 2018, the plaintiff supplied ready-mixed equivalent to the total amount of KRW 475,713,700 at the construction site of the defendant A from February 24, 2017 to February 13, 2018. However, the defendant A paid the total amount of KRW 210,4737 million.
According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 265,240,000 won (475,713,700 won - 210,473,700 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from July 10, 2018 to the date of full payment, as the plaintiff seeks.
2. In conclusion, the Plaintiff’s claim against the Defendants is accepted in its reasoning, and Articles 98 and 102 of the Civil Procedure Act shall apply to the bearing of litigation costs, and Article 213 of the Civil Procedure Act shall apply to a declaration of provisional execution. It is so decided as per Disposition by the assent