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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. In the first instance trial, the Plaintiff claimed against the Defendants the outstanding amount of the newspaper price and advertising price, and the court of first instance partly accepted the claim for the newspaper price, and dismissed the remainder claim for the outstanding amount of advertising price.
However, since only the defendants appealed against the lost part, the part against the plaintiff was excluded from the claim for the outstanding amount of advertising price.
2. Basic facts
A. On October 1, 2004, the Plaintiff entered into a contract with Defendant B as a contracting party and entered into a joint and several surety contract with the purport that Defendant B shall enter into a contract with the Plaintiff for the establishment of a branch office of the Company B (hereinafter “instant contract”). Defendant B, the husband of Defendant B, as a joint and several surety under the said contract, signed and sealed the joint and several surety for Defendant B’s liability for damages arising from the intent and negligence in the above contract’s debt and the branch office, and the Plaintiff supplied Defendant B with 1,300 copies of the newspaper issued by the Plaintiff each month from October 1, 2004 to October 207, 207.
B. On September 5, 2006, the Plaintiff sent the first proof of the content that the Defendants requested the payment of the outstanding amount until that time. On May 2, 2007, each second proof was sent to the Defendants to urge the payment of the outstanding amount of KRW 60,191,650 of the newspaper price by March 31, 2007. On June 20, 2007, the Defendants did not pay the outstanding amount of the newspaper price, and executed the provisional attachment order with the Daejeon District Court Decision 2007Kadan4256, which was issued by the Daejeon District Court 2007Kadan4256.
On November 29, 2012, the Plaintiff filed against the Defendants on December 15, 2012.