1. The Defendants jointly and severally committed against the Plaintiff KRW 20,171,80 and the Defendants Company B from March 1, 2016 to March 1, 2016.

1. On January 5, 2016, the Plaintiff entered into a contract between the Defendant Company B and the Defendant Company, from January 5, 2016 to January 31, 2016, under which the Plaintiff is obligated to supply asphalt materials to the said Defendant Company and pay the said materials by the end of the following month after the end of each month. Defendant C guaranteed the obligation to pay the goods.

The price for the goods in question under the above contract is 20,171,800 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination, Defendant B is the principal debtor. Defendant C is a joint and several surety, and Defendant C is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Special Act on the Promotion, etc. of Legal Proceedings from March 1, 2016, which is the date on which the original copy of the instant payment order was served on each of the Defendants from March 1, 2016 to July 25, 2016; Defendant C is obligated to pay damages for delay calculated at the rate of 5% per annum to be claimed by the Plaintiff within the interest rate stipulated in each Commercial Act from September 27, 2016 to the date on which the original copy of the instant payment order was served on each of the Defendants.

3. Accordingly, the Plaintiff’s claim against the Defendants is justified and it is so decided as per Disposition by the assent of all participating Justices.