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1. Defendant C and D shall jointly and severally pay to the Plaintiff KRW 30,000,000 and the interest thereon from October 17, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On November 20, 1995, E Co., Ltd. supplied electronic equipment, etc. to Defendant A, and Defendant A entered into an agency contract with the intent to pay the price. On the same day, F, G, Defendant C, and D jointly and severally guaranteed the goods payment obligation owed by Defendant A to E in accordance with the above agency contract.
B. On March 13, 1998, E Co., Ltd. terminated the agency contract due to Defendant A’s default, and filed a lawsuit against Defendant A et al. for claiming the purchase price of goods with Seoul District Court Decision 97Gahap68752, and rendered a favorable judgment with the purport that “the Defendant jointly and severally pays the amount of KRW 143,964,365 and the amount calculated at the rate of 25% per annum from July 1, 1997 to the date of full payment” and the above judgment was finalized on April 28, 1998.
(hereinafter “instant judgment”). C.
E A. On November 7, 2011, 201, the E Co., Ltd. transferred the Defendant’s claim for the above product price to the New Liberian loan to the Defendant, and on June 8, 2012, the New Liberian Co., Ltd. transferred the Defendant’s claim for the above product price to the Plaintiff, and around May 15, 2014, notified Defendant A of each transfer of claim.
The amount of credit stated in the notice of assignment of claims is 65,980,043 won, excluding interest, expenses, etc.
[Reasons for Recognition] Defendant C and D are confessions, Defendant A: Evidence Nos. 1 through 5, Eul’s Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant C and D, Defendant C and D, as joint and several surety of Defendant A, are jointly and severally liable to pay the Plaintiff the principal of KRW 65,980,043 remaining to the Plaintiff, the assignee of the claim for the purchase-price of the instant goods, as well as the damages for delay calculated at the rate of 15% per annum from October 17, 2015 to the date of full payment, as the Plaintiff seeks.