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1. The Defendants are jointly and severally liable to the Plaintiff for 59,690,000 won and the interest rate of 15% per annum from February 13, 2016 to the date of full payment.
Reasons
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1-1, 2, 3, 2, 3, and 4, the Plaintiff supplied the Defendant Company A (hereinafter “Defendant Company”) with metal and machinery (name: DIV) equivalent to the aggregate of KRW 129,690,000 from July 14, 2015 to August 28, 2015. The Defendant Company paid the Plaintiff KRW 70,00,000 as the price for the goods; and the Defendant Company B, as the representative director of the Defendant Company, guaranteed the Defendant Company’s obligation to pay for the goods to the Plaintiff on October 14, 2015.
According to the above facts, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 59,690,000 (i.e., KRW 129,690,000 - KRW 70,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 13, 2016 to the date of full payment, as sought by the Plaintiff.
Therefore, the plaintiff's claim against the defendants of this case is justified and all of them are accepted. It is so decided as per Disposition.