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1. The Defendants are jointly and severally liable to the Plaintiff for 49,095,034 won and 5% per annum from February 10, 2014 to September 12, 2014.
Reasons
1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 3 as to the cause of the claim, the plaintiff and defendant A prepared a non-performance statement on November 7, 2013, stating that the defendant A shall pay the plaintiff the amount of 62,095,034 won of the goods unpaid to the plaintiff. On the same day, the defendant B guaranteed the defendant B's joint and several obligation to pay the above goods to the plaintiff, and thereafter, the defendant A paid KRW 13 million to the plaintiff from November 7, 2013 to February 9, 2014.
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 49,095,034 won ( = 62,095,034 won - 13,000,000 won) and damages for delay calculated at the rate of 5% per annum under the Civil Act from February 10, 2014 to September 12, 2014, the delivery date of a copy of the complaint of this case, and the damages for delay calculated at the rate of 20% per annum from the next day to the day of full payment.
2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.