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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 146,559,561 as well as for the aforementioned costs from February 27, 2014, and Defendant A Co., Ltd.
Reasons
1. Claim against Defendant A, Company B, C, D, and E
A. On October 19, 2012, the Plaintiff entered into a transaction with Defendant A Co., Ltd. (hereinafter “Defendant A”) and supplied steel products worth KRW 329,507,738 by February 19, 2014. Since the Defendant Co., Ltd, C, D, and E jointly and severally guaranteed the material cost liability, the Plaintiff sought payment of KRW 146,559,561, the unpaid amount to the Defendants.
(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);
2. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 and 2, and evidence Nos. 4-1 through 4 against defendant F, the plaintiff commenced transactions with defendant A on October 19, 2012 and supplied steel materials equivalent to 329,507,738 won until February 19, 2014. The fact that the defendant F was jointly and severally suretyd on April 1, 2013, and the plaintiff was paid 182,948,17 won out of the price of the materials. Thus, the defendant F is obligated to pay the plaintiff the remaining material price of KRW 146,559,561 (=329,507,738 won - 182,947 won per annum) and to pay the plaintiff delay damages at the rate of 20 days to 20% per annum from the day following the day of delivery to the day of 2014.
In regard to this, Defendant F, as the representative director of G Co., Ltd. prior to the change to Defendant A’s trade name, has jointly and severally guaranteed the company’s obligation. However, it is difficult to accept the fact that Defendant F resigned from the representative director at the end of October 2010 and the trade name was changed as at the present time, there is no joint and several surety for the company’s obligation. However, it is against the trade name of Defendant A Co., Ltd. and the description of the goods transaction agreement and undertaking (Evidence A) as a disposal document prepared in the name of
3. Conclusion, the plaintiff.