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1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 6% per annum from January 1, 2017 to June 29, 2017.
Reasons
1. Facts of recognition;
A. A Co., Ltd. (the plaintiff before the lawsuit was accepted) is a company established for the purpose of manufacturing and selling new shoes, clothing, etc.
B. On December 1, 2004, A entered into a goods supply contract (hereinafter “instant goods supply contract”) with Nonparty D with respect to shoes and clothing, etc., and supplied Nonparty D with shoes and clothing until September 2016.
(A) No. 15)
On April 4, 2012, the Defendant and Nonparty E jointly and severally and severally guaranteed the amount of KRW 100 million regarding “the goods payment obligation against Nonparty D Co., Ltd.” under the instant goods supply contract.
(A) No. 2-1) d.
Nonparty D opened a F agency store from January 2010 to April 2013, and from May 2013, Nonparty D opened a G agency store, respectively. On October 31, 2016, the G agency store was closed.
E. As of October 31, 2016, the price for the goods unpaid to Nonparty D Co., Ltd. was KRW 362,591,526 (Evidence 4, 6, 55-1, 2, 3). A Co., Ltd. was decided to commence the rehabilitation procedure on February 13, 2019 when the lawsuit in this case was pending, and the administrator was appointed and taken over the lawsuit in this case.
(hereinafter referred to as “Plaintiff” without distinguishing between “A” and “A” who are the Plaintiff prior to the completion of the lawsuit, and both of “the Plaintiff” are “the grounds for recognition”) / [the grounds for recognition] Party A’s written evidence Nos. 1 through 24 (including partial numbers, hereinafter the same as the same), and the purport of the whole
2. Determination
A. We examine the determination on the cause of the claim. The Defendant jointly and severally guaranteed the amount of KRW 100 million with respect to “the goods payment obligation against the Plaintiff by Nonparty D” under the instant goods supply contract, and the fact that Nonparty D’s goods payment amounting to KRW 362,591,526 on October 31, 2016 reaches KRW 362,526. As seen earlier, the Defendant, a joint and several surety, shall pay to the Plaintiff the unpaid goods payment and damages for delay within the limit of KRW 100 million.