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1. The Defendants are jointly and severally liable to the Plaintiffs each amounting to KRW 30,000,000, and C Co., Ltd. from November 30, 2018.
Reasons
1. The facts of recognition were found in Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) from September 2013 to July 2014.
On July 2014, the Defendants respectively prepared and sent to the Plaintiff A a letter of payment stating that “The unpaid benefits to the Plaintiff shall be paid by the Defendant Company,” and that “the Plaintiffs shall pay KRW 30,000,000,000, respectively, for the ten-month period from the Defendant Company,” respectively (hereinafter “each letter of this case”).
[Ground of recognition] Facts without dispute, A1-1, 1-2, 4, the purport of the entire pleadings
2. Determination
A. In full view of the following circumstances that are acknowledged in addition to the determination of the cause of the claim and the overall purport of the arguments cited earlier, namely, the instant text states that “the shares and consolation money shall be determined later,” and thus, it appears to the purport that the amount recorded in each letter will be determined later, but the amount indicated therein would have been determined definitely, and Defendant D would have been operating the said company even though it was an auditor on the Defendant Company’s registry at the time of preparation of the said letter of payment and the instant letter of claim, it is reasonable to deem that the Defendant Company agreed to pay the Plaintiffs KRW 30,000,000, respectively, and Defendant D was prepared in the purport that joint and several surety was jointly and severally guaranteed.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiffs each of KRW 30,000,000, and the Defendant Company from November 30, 2018, the following day following the delivery date of the complaint (payment order), Defendant D, from January 14, 2019 to May 31, 2019, respectively, 15% per annum from January 14, 2019 to May 31, 2019, and 12% per annum from the following day to the day of full payment.
Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is amended by Presidential Decree No. 29768 on May 21, 2019 and enforced June 1, 2019, Article 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.