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1. The defendants shall jointly and severally serve as the plaintiff 292,576,298 won and as a result, from December 11, 1998 to July 15, 2008.
Reasons
1. Basic facts
A. On November 15, 1991, when the Plaintiff entered into an intermediary wholesaler transaction agreement with Defendant B on November 15, 1991, the Plaintiff agreed to pay the price for the goods supplied by Defendant B from the Plaintiff by the due date in addition to 21% damages for delay per annum (hereinafter “instant contract”), and the Defendant C jointly and severally guaranteed the Plaintiff’s obligations arising from the instant contract on the same day.
B. From July 22, 1994 to April 19, 197, the Plaintiff supplied Defendant B with a total sum of KRW 388,488,700, and the Defendants, etc. paid only part of the principal and interest of the goods price to the Plaintiff until June 3, 1997.
C. Accordingly, the Plaintiff filed a lawsuit against the Defendants, etc. claiming the payment of the balance of the principal and interest of the goods price for which the Plaintiff sought the payment of the said principal and interest. On May 7, 1998, the lower court deemed that the Defendants, etc. led to the confession of the Plaintiff’s assertion, and rendered a final and conclusive judgment with respect to KRW 385,523,667 and KRW 330,328,382 from July 27, 1996 to KRW 10,126,90 for KRW 10,00 from July 12, 1995, KRW 45,068,385 for KRW 21% per annum from June 4, 1997 to April 2, 1998, and KRW 25% per annum from the next day to the date of full payment.
Since then, the Defendants, etc. paid only some principal of the principal and interest of the goods price determined in the above judgment and damages for delay until December 10, 1998. On July 3, 2008, the Plaintiff filed an application with the Defendants, etc. for the payment order claiming the payment of the remainder of the principal and interest of the goods price with the court Jindo-gun court 2008Ka454.
This Court accepted this on July 8, 2008 by the defendants jointly and severally, the plaintiff 292,576,298 won and its related amount shall be 25% per annum from December 11, 1998 to the delivery date of the original payment order.