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1. The Defendant shall pay to the Plaintiff 46,912,00 won and 15% interest per annum from April 20, 2016 to the day of complete payment.
Reasons
1. According to the purport of each of the statements (including paper numbers) and all of the arguments as to Gap's evidence Nos. 1 through 5, the plaintiff was from March 20, 2014 to the same year.
4. Until April 14, 200 supply ready-mixeds to the Seosan General Construction Co., Ltd., and the sales proceeds of ready-mixeds amounting to KRW 46,912,00, and the defendant is found to have jointly and severally guaranteed the sales proceeds of ready-mixeds amounting to KRW 46,912,00. Accordingly, the defendant is liable to pay to the plaintiff damages for delay calculated at the rate of KRW 46,912,00 and KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 20, 2016 to the date of complete payment.
(2) Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Act No. 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Accordingly, the defendant asserts to the effect that since the year in which the defendant entered into a joint and several guarantee agreement is 2015, the guaranteed liability incurred in 2014 cannot be recognized. However, according to the written order (Evidence A2), the defendant explicitly stated that the defendant is jointly and severally and severally liable for the payment of KRW 46,912,00,000, and there is no other evidence
2. In conclusion, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.