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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On November 14, 2013, Korea Co., Ltd. (hereinafter “Korea Co., Ltd.”) appealed against the Defendant Co., Ltd. Co., Ltd. (hereinafter “Defendant Co., Ltd.”) in the first instance trial on the part of November 14, 2013. However, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) did not appear on at least two occasions on the date of pleading, and the appeal was deemed to have been withdrawn.) transferred the portion of KRW 18 million among the claim for the price of the goods held against the Plaintiff, and notified the Plaintiff of the transfer on November 15, 2013.
B. On December 9, 2013, Defendant Company entered into an agreement with the Plaintiff on December 31, 2013 to pay to the Plaintiff the amount of KRW 18,00,000,000 per annum from the following day to the date of full payment. On the same day, the Defendant jointly guaranteed the above obligation of Defendant Company.
C. After that, on December 31, 2013, the Defendant Company deposited KRW 4 million to the Plaintiff, and paid KRW 1 million on January 20, 2014; KRW 1 million on January 21, 2014; KRW 1 million on January 25, 2014; KRW 1 million on January 25, 2014; and KRW 8 million on March 27, 2014.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleading
2. Determination
A. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the guaranteed debt amounting to KRW 18 million (=18 million - 8 million) and damages for delay calculated at the rate of 20% per annum from May 9, 2014 to the date of full payment, as claimed by the Plaintiff, on the record, on the day following the day on which the instant payment order was served to the Defendant, at the request of the Plaintiff.
B. As to this, the defendant first does not indicate in the written confirmation of the balance (Evidence A No. 4), and affixed only the repayment plan (Evidence A 3) to confirm the execution according to the repayment plan as a witness, and it is not a joint and several guarantee for the defendant company's obligations. However, the defendant's proof No. 3 is asserted.