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1. Upon receiving a claim for change in exchange at the trial, the defendant shall be jointly and severally liable to the plaintiff with C, D, E, G.
Reasons
1. Basic facts
A. A. Around February 2014, the Plaintiff: (a) supplied the said company with freezing c (hereinafter “C”); and (b) concluded a continuous contract with the said company to pay the Plaintiff the price for goods by June 30, 2014 (hereinafter “instant commodity supply contract”); and (c) the Defendant jointly and severally guaranteed the Plaintiff’s obligation to pay the price for goods with D, E, and G.
B. On February 14, 2014, the Defendant and C, D, E, and G issued a promissory note in which the payee, face value 200 million won, the due date, June 30, 2014, the place of issuance, the place of payment, and the place of payment are indicated as Gyeonggi-do and delivered to the Plaintiff.
C. As of June 30, 2014, the Plaintiff supplied a freezing c with a continuous transaction agreement, thereby causing KRW 217,627,050 to the sum of the goods as of June 30, 2014. C only paid KRW 110,00,000 among them to the Plaintiff, and paid KRW 107,627,050 (=217,627,050 - KRW 110,000) to the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. According to the facts established prior to the determination as to the cause of the claim that was mutually modified in exchange, the Defendant is jointly and severally and severally liable with C, D, E, and G to pay damages for delay calculated at the rate of 107,627,050 won for the goods unpaid to the Plaintiff and the rate of 5% per annum under the Civil Act from July 1, 2014 to July 10, 2018, which is the day following the due date for the payment of the price for the goods to the Plaintiff, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the next day to the day of full payment. Thus, the Plaintiff’s claim of this case is justified within the scope of the above recognition, and the remainder is without merit.
The Plaintiff shall pay damages for delay as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 10, 2018 for the price of the goods.