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1. The Defendant shall pay to the Plaintiff KRW 45,393,00 and interest rate of KRW 15% per annum from December 3, 2016 to the date of full payment.
Reasons
1. The facts of recognition are: (a) the Plaintiff and B entered into a contract for the supply of ready-mixed on October 26, 2015; (b) the Defendant signed on the column for joint and several sureties of the above contract concerning the payment of ready-mixed; (c) the Plaintiff supplied ready-mixed equivalent to KRW 55,473,000 in total to B from November 6 to April 29, 2016; and (d) the Plaintiff paid KRW 10,080,000 in the price to the Plaintiff may be recognized in full view of the purport of the entire pleadings in the evidence No. 1 to 5, and there is no reflective evidence.
2. According to the facts found in the judgment as to the cause of the claim, the defendant is liable to pay the plaintiff 45,393,000 won (=5,473,000 won--10,000 won) equivalent to the remainder of the payment as a joint guarantor of the above ready-mixed debt (=5,473,000 won) 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 December 3, 2016 to the date of full payment after serving the written complaint.
3. As to the judgment on the Defendant’s assertion, the Defendant asserted to the effect that the Defendant could not comply with the instant claim because it falls under the deception of “C”, which is the Plaintiff’s employee, at the time of the said contract.
Since there is no evidence to acknowledge that the defendant jointly and severally guaranteed due to deception, the above argument is without merit.
4. Accordingly, the Plaintiff’s claim is accepted as reasonable.