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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 43,784,00 and Defendant career-fluor Smart Co., Ltd.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 (including paper numbers) to 3.
On January 2014, the Plaintiff entered into a contract for the use of credit card approval services with Defendant career-based smart (hereinafter referred to as “Defendant Company”).
B. However, according to the above contract, Defendant Company is provided with subsidies of KRW 20 million from January 27, 2014 to January 26, 2017, as well as credit card approval service equipment, software, and related expendable items equivalent to KRW 1,892,00, on condition that the Plaintiff uses the Plaintiff’s credit card approval service. However, if the use of credit card approval service is suspended prior to the end of the above period, Defendant Company is obligated to pay the Plaintiff an amount equivalent to twice the sum of subsidies and equipment fees.
C. Defendant A jointly and severally guaranteed the Defendant Company’s obligation to pay money under the above contract.
In addition, after receiving the above subsidies and devices, the Defendant Company unilaterally suspended its use on November 10, 2014 while using the Plaintiff’s credit card approval service.
2. According to the above facts of determination, the Defendants are jointly and severally liable to the Plaintiff for delay payment at the rate of 43,784,00 won [20,000 won for subsidies, i.e., credit card approval service equipment and software, and related expendable items 1,892,00 won] x 2] under the above contract, and the Defendant Company is liable to pay damages for delay at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 1, 2015 to the date following the day when the duplicate of the instant complaint is served.
3. In conclusion, the plaintiff's claim against the defendants of this case is with merit, and it is so decided as per Disposition.