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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 153,50,000 and the period from July 17, 2018 to May 31, 2019.
Reasons
1. Facts of recognition;
A. On December 9, 2013, the Plaintiff and Defendant B entered into a contract for the supply of scrap metal (hereinafter “instant primary contract”). Article 1 (Purpose of the Contract) A (Defendant B) of the supply contract aims to exclusively supply the scrap metal coming from the factory of Party A to Party B (Plaintiff) and, in return, provide for the transaction relationship in which Party B pays KRW 65 million to Party B for advance payment.
Article 2 (Subject Matter and Unit Price of Trade)
1. A shall ensure that not less than 50MT is supplied monthly to B.
2. The price standards for the subject matter to be traded shall be linked to the unit price for D delivery;
3. A shall guarantee the profits of 50 won/km and 40 won/km in the case of exceeding 50 tons of monthly shipment volume.
Article 5 (Deposit for Contract and Time Limit)
1. B shall be paid to A 65 million won as contract deposits;
4. The expiration date of this Agreement shall be from the date of preparation of the Agreement until November 30, 2015.
If there is no objection to a trade name, the automatic renewal shall be extended.
B. On December 7, 2015, the Plaintiff and the Defendant C Co., Ltd. (hereinafter “Defendant C”) drafted a notarial deed (No. 934, a notary public E 2015 deed; hereinafter “instant notarial deed”) as follows. Defendant B provided joint and several sureties for the following:
Article 1.26 billion won of No. 260 million won of No. 1.2600 million of No. 1 of the No. 1 of the
(C) Article 2(1) of the former Act provides that “The amount of debt incurred by the former debtor B (Defendant C) shall be the amount of debt that the former debtor (Defendant C shall be deemed to have taken over KRW 260,000,000 to the Plaintiff) paid upon comprehensive succession of the debt incurred by the latter debtor B (Article 2(1) of the former Act provides that “The latter shall pay the said debt by installments at least 200 tons from April 7, 2015 to April 6, 2017.”