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1. The Defendant’s KRW 512,054,840 as well as the Plaintiff’s annual rate from May 16, 2015 to February 17, 2016.
Reasons
1. Basic facts
A. From June 19, 2011 to November 30, 2014, the so-called “so-called “so-called “so-called” (hereinafter) supplied goods to the Hague Co., Ltd. (hereinafter “HS”). The amount of goods that was not paid until January 31, 2013 was KRW 568,282,040.
B. On January 31, 2013, business concluded a debt repayment agreement with the Hague on the condition that he/she would pay the above goods to him/her over 12 times from February 1, 2013 to December 27, 2013, and the Defendant jointly and severally guaranteed the Defendant’s debt to pay the above goods to him/her.
C. Soras received the payment of the total amount of KRW 50,217,600 from the Hague from February 1, 2013 to June 30, 2013.
He/she supplied to the Hague, goods equivalent to KRW 2,090,00 on August 31, 2014, and goods equivalent to KRW 2,244,00 on November 30, 2014, respectively, and received KRW 2,090,000 on October 22, 2014, and KRW 2,244,00 on February 13, 2015, respectively. The amount received was appropriated for the price of goods on July 2, 2011.
E. On June 17, 2015, while the instant lawsuit was pending, the Plaintiff merged the Soraz and took over the instant lawsuit of the Soraz.
(hereinafter referred to as “Plaintiff” without distinguishing before and after the filing of a lawsuit. [Grounds for recognition] The fact that there is no dispute, entry of evidence Nos. 2 and 3, and the purport of the whole pleadings.
2. According to the above facts, the Defendant jointly and severally guaranteed the payment of the unpaid amount of KRW 566,606,440 to the Plaintiff by the Hague from January 31, 2013. Since the Hague paid KRW 54,551,60 out of the above amount (= KRW 50,217,600, KRW 2,244,00) to the Plaintiff, barring any special circumstance, the Defendant, barring any special circumstance, has paid the Plaintiff KRW 512,054,840 (= KRW 566,606,440 - KRW 54,51,60) and the delivery of a copy of the complaint of this case to the Plaintiff.