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1. The Defendant’s KRW 103,295,00 for the Plaintiff and KRW 5% per annum from March 29, 2014 to November 14, 2014.
Reasons
1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 5, 7, and 10 (including paper numbers) and the whole purport of the pleadings:
On April 1, 2004, the Plaintiff entered into a contract with C (hereinafter referred to as “C”) on April 1, 2004, under the trade name of B, to supply stone.
B. The Defendant jointly and severally guaranteed C’s goods payment obligation under the above contract.
C. According to the above contract, the Plaintiff supplied stone equivalent to KRW 70,290,000 (including value-added tax; hereinafter the same shall apply) for October 25, 2004, and the amount of KRW 65,230,000 for October 30, 2004. As a result, the Plaintiff incurred expenses for installing stone equivalent to KRW 16,775,000.
On the other hand, on November 3, 2006, the Defendant paid KRW 44,000,000 to the Plaintiff out of the above payment and KRW 5,000,000.
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant, a joint guarantor, is obligated to pay to the Plaintiff 103,295,00 won for the remainder of the goods and for the installation cost (i.e., 70,290,000 won (i.e., 65,775,230,000 won - 44,000,000 won - 5,000,000 won) and damages for delay at a rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the following day after the delivery of the original copy of the payment order sought by the Plaintiff. From March 29, 2014 to November 14, 2014, which is the date of this judgment, to dispute about the existence or scope of the obligation of the instant performance by the Defendant.
3. Judgment on the defendant's assertion
A. In accordance with the defendant's articles of incorporation, the defendant's act of disposing of the basic property of the foundation is an amendment of articles of incorporation, and the defendant's board of directors obtains a resolution of 2/3 of the board of directors, and when amending the articles of incorporation of the foundation, the amendment becomes effective after obtaining permission from the competent authority. The defendant's joint and several surety agreement concluded on April 1, 2004