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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 25,00,000 and the interest rate thereon from July 22, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On October 16, 2015, the Plaintiff entered into a contract under which one oil pressure presses 1,500 tons (hereinafter “instant goods”) are supplied to Defendant A (including value-added tax) for the payment of KRW 385,00,000 (hereinafter “instant supply contract”).
B. On October 15, 2015, Defendant A entered into a contract for the supply of the instant goods to Defendant Li Co., Ltd. (hereinafter “Defendant Li Co., Ltd.”) at KRW 370,000,000 (excluding value-added tax), and Defendant Li Co., Ltd on November 26, 2015, Defendant Li Co., Ltd entered into a contract for the supply of the instant goods to the Plaintiff on November 26, 2015, with the effect that “Defendant Li Co. and C will be liable for the balance of machines after attaching the contract to the Plaintiff.” (hereinafter “instant declaration”).
C. By January 11, 2016, Defendant A paid only KRW 360,000,000 to the Plaintiff as the price for the goods under the instant supply contract, and up to now, Defendant A did not pay the remainder of KRW 25,000 to the Plaintiff.
On January 11, 2016, Defendant A submitted to the Plaintiff a letter of undertaking that “the balance of the instant goods shall be KRW 25,000,000 to the Plaintiff’s account by January 30, 2016,” and Defendant B entered as the guarantor at the bottom of the said letter of undertaking.
E. From October 15, 2015 to December 14, 2015, Defendant Li-ri paid all the instant goods price of KRW 407,00,000 under the instant goods contract with Defendant A (including value-added tax).
[Ground of recognition] With respect to Defendant A and B: The fact that there is no dispute against Defendant Li-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-
2. According to the above facts of recognition as to the cause of the claim, the parties to the supply contract of this case or the Defendants who are in the position of joint and several surety for the remainder of the supply contract of this case shall be jointly and severally liable to the Plaintiff.