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1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 28,089,77 and 6% per annum from May 5, 2014 to August 18, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that operates broadcasting service business, and C is a corporation that engages in performance planning business.
B. The Plaintiff entered into a contract with the non-party company on the public performance planned by the non-party company with the content that the Plaintiff shall broadcast the public performance and pay the price to the non-party company after the completion of the public performance.
C. According to the above contract from March 2009 to October 2010, the Plaintiff advertised D&T advertisements with respect to D&T, E&T, F&T, G shock, H&C, I-based Contact, J Experience, musical K, and L. The Nonparty Company did not pay KRW 32,089,777 out of the total advertising amount of KRW 143,178,125.
Accordingly, Defendant A and Defendant B, the de facto representative of the non-party company, jointly and severally guaranteed the obligation to pay the amount of KRW 32,089,777 of the non-party company to the Plaintiff in 2012, and divided the obligation to pay KRW 500,000 on December 31, 2012, KRW 500,000 on February 28, 2013, KRW 500,500 on April 30, 2013, KRW 500,000 on June 30, 2013, KRW 12,089,777 on August 30, 2013, and agreed to lose the benefit of the time when delay is delayed.
[Evidence] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendants are jointly and severally obligated to pay to the Plaintiff 28,089,777 won (32,089,777 won - 4,000,000 won) calculated by subtracting 4 million won from the amount of 32,089,777 won, and damages for delay calculated at each rate of 6% per annum under the Commercial Act from May 5, 2014 until August 18, 2014 when the duplicate of the complaint of this case was served on the Defendants, and from the following day to the date of full payment, the Defendants are obligated to pay damages for delay calculated at each rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as they seek by the Plaintiff.
3. Conclusion, the plaintiff's claim of this case is justified.