1. Defendants are jointly and severally liable to the Plaintiff for KRW 48,232,00 and Defendant A from December 25, 2014 to June 25, 2015.

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a corporation established for the purpose of the business of manufacturing and selling Madbes. Defendant A agreed that “C is a person engaged in gold-type manufacturing business, etc. with the trade name of “C”, and Defendant B is a person engaged in gold-type manufacturing business, etc. with the trade name of “D.” (2) The Plaintiff supplied Madbes, etc. to the Defendant A on November 2014, and did not receive KRW 48,232,000 out of the price. Around that time, the Plaintiff and the Defendants agreed to pay the remainder of the price of the goods to the Plaintiff.

3) Accordingly, on December 24, 2014, the Plaintiff issued an electronic tax invoice of KRW 48,232,000 in total, as D operated by Defendant B. The Plaintiff did not have any dispute over the grounds for recognition, the entries in the evidence Nos. 1, 2, and 3, and the purport of the entire pleadings.

B. According to the above facts of recognition, Defendant B shall be deemed to have taken over the obligation to purchase the goods against the Plaintiff, and it is a matter of interpretation of the intent of the parties indicated in the contract to assume the obligation, and if it is not clear whether the obligation is the duty to assume the obligation with the duty to assume the obligation, or whether the obligation is the overlapping with the obligation to assume the obligation in the assumption of the obligation, it shall be deemed to have taken over the obligation en bloc (see, e.g., Supreme Court Decision 2002Da36228, Sept. 24, 2002). As such, the Defendants jointly and severally and severally liable to pay to the Plaintiff 48,232,00 won, and the delivery date of the copy of the complaint of this case from December 25, 2014 to June 25, 2015; Defendant B shall be 5% per annum from the day after each Civil Act prescribes to January 12, 2016; and each damages for delay calculated by 15% per annum.

2. As to Defendant A’s assertion, Defendant A filed a petition for bankruptcy with the Daegu District Court 2015Hadan704, and the Plaintiff’s claim against the Plaintiff was also reported as a bankruptcy claim under the above bankruptcy procedure, this case was examined.