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1. The Plaintiff:
A. Defendant B, C, and D are jointly and severally with Defendant E and 312,795 out of KRW 318,490,028 and the said money.
Reasons
1. Basic facts
A. The Plaintiff is a business entity that manufactures and sells, and Defendant B (hereinafter “Defendant Company”) is a business entity that manufactures and sells, with the trade name of “F,” and the Defendant B (hereinafter “Defendant Company”) has been engaged in a transaction in which it is supplied by the Plaintiff to the company that manufactures and distributes new products.
B. Around January 25, 2017, the Plaintiff and the Defendant Company set the Defendant’s obligation to pay the price for the goods to the Plaintiff at KRW 477,424,373, and on the same day, the Defendant Company and its inside director C issued three copies of promissory notes with the purport that KRW 100 million out of the said money to the Plaintiff would be repaid until March 31, 2017, KRW 200 million until April 30, 2017, KRW 177,424,373 until May 31, 2017, and Defendant D and E jointly and severally guaranteed the said obligation to pay for the goods.
C. The Defendants paid to the Plaintiff KRW 50 million on April 10, 2017; KRW 35 million on May 31, 2017; KRW 1,870,00 on July 12, 2017; and KRW 370,087,760 on July 13, 2017; and the remaining amount was determined as KRW 370,087,760 on July 21, 2017 (the remaining amount was KRW 370,00 on July 25, 2017; KRW 30,000 on September 8, 2017; KRW 370,000 on September 37, 2017; KRW 750,000 on July 15, 2017; KRW 370,000 on July 15, 2015.
[Based on the recognition] Defendant Company, C, and D: without dispute, entry of Gap evidence 1 through 6 (including each number if there are additional numbers) and the purport of the whole pleadings: Defendant E by service (Article 208(3)3 of the Civil Procedure Act)
2. Determination
A. According to the above facts as to the cause of the claim, the defendant company is a joint and several surety for the payment of goods, and the remaining defendants are liable to pay the plaintiff the price of the goods in this case as the joint and several surety for the payment of the above goods, and the damages for delay from the day after the duplicate of the complaint in this case was delivered to the defendants to the day of full payment, as requested by the plaintiff.