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1. Defendant A Co., Ltd.: (a) KRW 37,316,320 for the Plaintiff and 5% per annum from October 1, 2012 to November 17, 2015.
Reasons
1. Basic facts
A. On June 19, 2012, the Plaintiff entered into an agreement on the supply of ready-mixeds (hereinafter “instant agreement”) with the non-party Gun roads Construction Co., Ltd. (hereinafter “Gun roads Construction”). The Defendant A Co., Ltd. (hereinafter “Defendant A”) jointly and severally guaranteed the obligation to pay ready-mixeds for Gun roads construction.
B. The Plaintiff requested D, the representative director of the Defendant A, to have the Defendant B, the owner of the above collective housing C, as the joint guarantor of the instant contract, and D, with the seal affixed to the Defendant B’s name, issued a joint and several surety (hereinafter “instant joint and several surety”), a certificate of personal seal impression issued by the Defendant B, and a certified copy of the Defendant B’s resident registration.
The contents of the joint and several surety of this case are as follows.
BF E G
C. The Plaintiff from June 13, 2012 to the same year under the instant contract.
8. Until June 8, 200, supply ready-mixeds worth 48,059,320 won in total for the construction of Gun roads, but the remaining 37,316,320 won has not been paid out of 10,743,00 won.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination
A. The judgment by public notice of claim against Defendant A (Article 208(3)3 of the Civil Procedure Act): The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is amended by Presidential Decree No. 26553, Oct. 1, 2015; and the statutory interest rate is 15% per annum. Thus, the part of the Plaintiff’s claim for delay damages is partially dismissed.
B. The plaintiff alleged that the joint and several guarantee certificate of this case was valid, and the defendant B did not conclude a joint and several guarantee contract of this case with the plaintiff, and the joint and several guarantee certificate of this case was forged.
According to the statement of evidence No. 1, D, while operating the defendant A, Non-party H and I.