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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 51,213,00,07 and the Defendants are jointly and severally liable to Defendant B and D from September 1, 2017.
Reasons
1. Facts of recognition;
A. By July 31, 2017, the Plaintiff supplied goods to Defendant B Co., Ltd. (hereinafter “Defendant Company”) and agreed to receive the price by the end of the following month, which supplied goods between the said Defendant and the said Defendant.
B. On September 18, 2017, Defendant C and D jointly and severally guaranteed to the Plaintiff all the obligations incurred at the time of the Defendant Company and those incurred in the future.
C. On February 6, 2018, the Plaintiff was paid KRW 14,790,350 as well as KRW 400,000 as of November 26, 201 of the same year by each side of the Defendant Company, and the balance of the goods that the Plaintiff had not received from the Defendant Company was KRW 51,213,007.
[Ground of recognition] The fact that there is no dispute, Gap 1-3, and the purport of the whole pleading
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 51,213,007, and damages for delay at each rate of KRW 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from September 1, 2017 to July 11, 2019 for the Defendant Company and D, the delivery date of the instant complaint, and for the Defendant C, until July 15, 2019, for the period of July 15, 2019, for each of the six percent per annum as prescribed by the Commercial Act, and for the period from the following day to the date of full payment.
B. As to the Defendant C’s assertion, the Defendant C asserts that he transferred his shares to Defendant D on September 27, 2017 and retired from the Defendant Company.
However, since the above reasons alone do not extinguish the joint and several liability of Defendant C, the above argument by Defendant C is without merit.
3. According to the conclusion, each of the claims of this case against the Defendants by the Plaintiff is justified within the scope of the above recognition, and each of the remaining claims is without merit.