The Defendants jointly and severally liable to the Plaintiff KRW 72,00,000 and the Defendant B, as from July 18, 2019.

1. Determination on the cause of the claim

A. (i) The Plaintiff is a company that manufactures the garments of clothing, and the Defendant Company B (hereinafter “Defendant Company”) is a company that manufactures the garments of clothing, and the Defendant C is the representative of the Defendant Company.

B. The Plaintiff supplied the clothing to the Defendant Company for several years. Around October 2018, the transactional relationship was terminated, the Plaintiff and the Defendant Company returned and settled the goods. On February 8, 2019, Defendant C promised to pay to the Plaintiff the goods price amounting to KRW 72,00,000, which the Defendant Company did not pay to the Plaintiff at an early date, with the final confirmation that the goods price was KRW 72,00,000.

(hereinafter referred to as the “instant confirmation document” and the agreement on the confirmation document is referred to as the “instant agreement”). [The grounds for recognition: the fact that there is no dispute, each entry in the evidence Nos. 1 through 4, and the purport of the whole pleadings]

B. (1) According to the above facts, barring any special circumstance, Defendant C is jointly and severally liable to pay to the Plaintiff the balance of KRW 72,00,000 for the goods and the delay damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 18, 2019 to the date of delivery of a copy of the complaint for the remaining amount of KRW 72,00,000 for the goods under the instant agreement.

Shebly, Defendant C prepared the instant written confirmation as the representative of the Defendant Company and did not have any meaning that the Defendant C is responsible for. Thus, the claim against Defendant C is groundless. However, according to the aforementioned evidence, the Defendant C prepared an agreement on January 25, 2019 that the Defendant Company and the Defendant C would pay the price for the goods jointly signed prior to the preparation of the instant written confirmation (Evidence A 1) and attached a copy of the Plaintiff’s personal identification card and personal seal impression thereto, along with the corporate seal impression certificate at the time.