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1. Defendant B jointly and severally with C (D) to the Plaintiff KRW 550,800,00,000 and to the day of full payment.
Reasons
1. Basic facts (applicable for recognition: Fact that there is no dispute, entry of evidence Nos. 1 and 3, part of evidence No. 2, and purport of the whole pleadings);
A. C sold 64,800 Dus of 64,800 for mixed organic fertilizer to a farm household upon commission of the Plaintiff’s business. However, C did not pay the Plaintiff the sales proceeds of KRW 550,80,000 (= KRW 8,500 per 1 square x 64,800).
B. C agreed to pay the unpaid amount of KRW 550,800,000 as of May 29, 2017 by June 23, 2017 (hereinafter “instant agreement”), but did not pay the unpaid amount until now.
2. The Plaintiff asserted that Defendant A jointly and severally guaranteed the obligation under the instant agreement by Defendant A on May 29, 2017.
Of the joint and several sureties evidence No. 2, there is no dispute between the parties that the stamp image affixed by Defendant A’s name is based on the seal of Defendant A, but in full view of the respective entries and arguments in the evidence Nos. 1 through 4 and the purport of the whole pleadings, it can be recognized that, after obtaining the seal impression and seal imprint from Defendant A on May 29, 2017, C falsely speaks that it is necessary for Defendant A to collect the fees for the sales of fertilizers, and after obtaining the seal impression and seal imprint from Defendant A, Defendant A to write as if Defendant A jointly and severally and affix a seal imprint affixed to Defendant A’s seal imprint, the part of the above evidence No. 2 cannot be used as evidence, and there is no other evidence to acknowledge the above facts.
Therefore, the plaintiff's above assertion is without merit.
3. The fact that Defendant B agreed to the Plaintiff in this case, but did not pay the price of the goods until now is recognized as above. According to the evidence No. 2 (Defendant B, while recognizing the identity of the seal imprint, was forged by sealing it at will, there is no specific evidence to acknowledge the above facts of defense), Defendant B guaranteed the obligation under the instant agreement.