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1. The Defendant: (a) KRW 208,445,346 for the Plaintiff and KRW 20% per annum from July 2, 2015 to September 30, 2015; and (b) for the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is a company whose purpose is to sell construction materials, etc., and the defendant is a person who actually runs a limited liability company B.
B. Around December 2010, the Plaintiff entered into a construction materials supply contract with a limited liability company B, and the Defendant jointly and severally guaranteed the obligation to pay the goods to the Plaintiff in the limited liability company B.
C. The Plaintiff continued to supply building materials, etc. to the foregoing limited liability company B from December 2, 2010 to November 2014, but did not receive KRW 208,445,346 out of the price.
[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, Eul's 2 and 3, the purport of the whole pleadings and arguments
2. According to the above facts of determination as to the cause of the claim, the defendant who jointly and severally guaranteed the obligation to pay the price of goods of the limited company B to the plaintiff 208,445,346 won and the defendant is obligated to pay to the plaintiff 20% per annum of 15% per annum as stipulated in the provisions of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) from July 2, 2015 to September 30, 2015; and damages for delay calculated at the rate of 15% per annum as stipulated in the provisions of the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
(A) The Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from October 1, 2015 to the date of full payment. However, in cases where the legal interest rate of Article 3(1) main sentence of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings is amended and implemented, and the pleadings are concluded after October 1, 2015, the interest rate of 15% per annum shall be applied from October 1, 2015 to the 15% per annum. Thus, the Plaintiff’s assertion in excess of the above recognized portion is without merit).
A. The Defendant’s summary of the defense is the Plaintiff on November 27, 2014.