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1.(a)
The defendants are jointly and severally liable to the plaintiff for 23,267,500 won and defendant agricultural company.
Reasons
1. Although judgment B on the claim for the price of goods was supplied with eggs from March 2016 to October 13, 2016, the Plaintiff paid only KRW 6,000,000 for the goods, and did not pay the remainder of KRW 23,267,500 for the goods. Defendant A Co., Ltd. (hereinafter “Defendant A”) concurrently assumed the above obligations. As such, Defendant A and B are jointly and severally liable to pay the amount of the goods unpaid to the Plaintiff and the delay damages therefrom, the Defendants did not dispute the claim, or led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 23,267,500 won and the damages for delay at each rate of 15% per annum prescribed by the Commercial Act from October 14, 2016 to September 17, 2017 when the duplicate of the instant complaint was served to Defendant A from September 14, 2016, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and C’s bankruptcy trustee in bankruptcy, Defendant B’s lawsuit trustee, the trustee in bankruptcy, the trustee in bankruptcy, the trustee in bankruptcy, shall be liable to pay damages for delay at each rate of 6% per annum prescribed by the Commercial Act from October 14, 2016 to July 12, 2017 when the duplicate of the instant complaint was served to B from the next day to the day of full payment.
2. Determination on a claim for damages
A. The Plaintiff’s assertion that the Defendant filed an application for provisional attachment with the Plaintiff knowing the absence of the preserved claim. The Defendants were liable to pay the said amount and damages for delay to the Plaintiff, on the ground that: (a) due to the Defendants’ improper provisional attachment, the Plaintiff suffered damages equivalent to KRW 5,625,00 from the loan of corporate management funds; (b) loss of operating income in 2017; and (c) loss of operating income in 237,540,000; and (b) loss of operating opportunity in business expansion.
B. The Defendant A gave a confession pursuant to Article 150(3) and (1) of the Civil Procedure Act, which led to the Plaintiff.