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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 25,500,000 and KRW 5,000,000 among them, from July 27, 2014.
Reasons
1. The assertion and judgment
A. The Plaintiff’s judgment on the cause of the claim is a merchant engaged in the business of manufacturing the passenger voting, etc. under the trade name of “D.” The Defendants are “E,” and the Plaintiff supplied favorable and windows, etc. to Defendant C. On June 16, 2014, the Defendants promised to pay to the Plaintiff KRW 30,500,000,000,000, excluding KRW 20,000,000,000,000,000,000,000 won, out of KRW 50,500,000,000,000,000 won on July 5, 2014 and KRW 20,50,000 on the 31st of the same month, either there is no dispute between each of the parties or may be acknowledged by comprehensively considering the overall purport of the pleadings
Therefore, the Defendants jointly and severally (Article 57(1) of the Commercial Act) are jointly and severally liable to the Plaintiff (Article 57(1) of the Commercial Act) with respect to KRW 25 million excluding KRW 5 million excluding KRW 5 million paid by the Defendants on July 26, 2014 to the Plaintiff, and five million excluding KRW 5 million paid by the Defendants on July 26, 2014 (the remainder after deducting the aforementioned repayment amount from KRW 10 million that was agreed to be paid on July 5, 2014). Since July 5, 2014, as the Plaintiff seeks, with respect to KRW 20 million from July 27, 2014; the remainder 20.5 million from August 1, 2014, the following day following the due date, the Defendants’ obligation to pay each of the instant performance obligations at the rate of 15% per annum from the following day to February 16, 2016 (see the following judgment).
Furthermore, the Plaintiff asserts that the Defendants are obligated to pay delay damages for the total amount of KRW 25 million due from July 27, 2014. However, as seen earlier, the repayment period of KRW 20.5 million is July 31, 2014, and thus, the above 20.5 million liability for delay arises from August 1, 2014. Thus, the Plaintiff’s assertion that the payment period of KRW 20.5 million should not be accepted.
In addition, the plaintiff is also the plaintiff.