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1. The Plaintiff:
A. Defendant B Co., Ltd. shall pay KRW 79,450,000 as well as the amount from December 1, 2012 to December 6, 2013.
Reasons
1. The Plaintiff, at the request of the Defendant Company, ordered the manufacture and supply of automation facilities from 201 to 79,450,000 won, to determine the claim against the Defendant Company B (hereinafter “Defendant Company”); and the fact that the Defendant Company agreed to pay the amount until November 30, 2012 is not a dispute between the parties.
Therefore, the Defendant Company is obligated to pay to the Plaintiff 79,450,000 won and the amount equivalent to 5% per annum under the Civil Act from December 1, 2012 to December 6, 2013, which is the delivery date of a copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
2. Determination as to the claim against Defendant C
A. The Plaintiff’s determination as to the Plaintiff’s claim sought payment of KRW 79,450,000 out of the above debt, asserting that, at the request of the Defendant Company, the Defendant Company manufactured and supplied the automation equipment to the Defendant Company from 2011 to August 14, 2013. Defendant C, a inside director of the Defendant Company, jointly and severally guaranteed the entire amount of the Defendant Company’s obligation to pay for the goods.
Therefore, in full view of the purport of the entire pleadings, the Defendant Company prepared a cash custody certificate (Evidence A7) stating that the amount to be paid to the Plaintiff on November 14, 2012 shall be KRW 102,550,000 and that the Defendant Company promised to pay the amount to the Plaintiff by November 30, 2012, upon completion of the settlement of accounts between the Plaintiff and the Plaintiff on November 14, 2012, the Defendant Company shall pay the balance to the end of the following month, and the Defendant agreed to submit a written undertaking to pay the balance to the Plaintiff at the end of November. Accordingly, the Defendant Company shall settle the amount to be paid to the Plaintiff on November 14, 2012 as KRW 102,50,00, and the said amount shall be paid by November 30, 2012. In this case, it can be recognized that the Defendant Company jointly and severally guaranteed the above obligation, but only on the evidence No. 5.