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1. The Plaintiff:
A. Defendant B Co., Ltd. shall be KRW 40,655,000 and its payment shall be from March 26, 2019 to the date of complete payment.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation with the objective of soil construction business, etc., Defendant C is the representative director of the Defendant Company, and Defendant D is the inside director of the Defendant Company.
B. The Plaintiff: (a) transported soil and sand to the Defendant Company; (b) on November 30, 2018, the unpaid transport amount related to E is KRW 26,370,000.
C. On December 27, 2018, the Plaintiff loaned KRW 30 million to the Defendant Company (hereinafter “instant loan”) as of January 28, 2019.
On December 27, 2018, the Defendants issued and delivered the following loan certificates (hereinafter “instant loan certificates”) to the Plaintiff:
The loan certificate
1. The joint guarantor on January 28, 2019 when the amount of the defendant company is KRW 30 million;
2. Defendant C
3. It will be reimbursed with Defendant D E company Fump Truck user fees (26,370,000 won).
E. Meanwhile, around December 2018 and around January 2019, the Plaintiff transported soil and sand to the Defendant Company using a truck, etc., and the transport cost not paid during the said period is KRW 5,170,000.
F. On May 8, 2019, the Plaintiff received KRW 20,885,000, which was part of the transport cost from the Defendant Company to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap 1 through 4
2. According to the facts of the above recognition of the claim against the defendant company, the defendant company is obligated to pay to the plaintiff 40,65,000 won (26,370,000 won for carriage - KRW 5,170,000 for transport expenses already paid - KRW 20,885,00 for transport expenses) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 26, 2019 to the day of full payment, as requested by the plaintiff.
3. In light of the language and text of the loan certificate of this case as to Defendant C and D, and the reasons why the loan certificate of this case was prepared, Defendant C and D jointly and severally with the Defendant Company according to the loan certificate of this case, and the amount of the loan and the transport money of this case 26,370.