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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 20,744,100 and 5% per annum from January 1, 2014 to May 28, 2015.
Reasons
1. Basic facts
A. The Plaintiff is an agency for the service of inserting and distributing advertising papers in newspapers, such as the Chosun Shipbuilding. The Defendant Company A (hereinafter “Defendant Company”) is the company that requested the Plaintiff to advertise, and the Defendant Company B is the representative of the Defendant Company.
B. On May 1, 2013, the Plaintiff entered into an agency contract for the printing and distribution of the former printing and distribution of the leaflets located in the Defendant Company and Incheon Songdo (hereinafter “instant contract”). Article 3 of the said contract included the content that Defendant B, the representative of the Defendant Company, is jointly and severally liable if the Defendant Company is unable to pay the Plaintiff’s service cost.
C. The Plaintiff filed a lawsuit claiming service costs in Seoul Southern District Court 2014Kadan3829, as it received the remainder of KRW 40,744,100 from the Defendant Company, among total of KRW 61,744,100,000,000 from the Defendant Company. The Defendant Company paid KRW 4 million on January 29, 2014 and paid the remainder of KRW 40,000.
3. By 31. 31. Written undertaking that the remainder of 36,744,100 won shall be paid, and the withdrawal of the above lawsuit was demanded, the Plaintiff accepted it and withdrawn the above lawsuit.
Defendant Company: (a) on June 13, 2014, KRW 2 million; and (b) on the same year
7.1. 5 million won, and the same year;
8.1. 2 million won, KRW 3 million on October 31 of the same year, KRW 2 million on December 31 of the same year, and KRW 16 million on February 2, 2015, but the remainder of KRW 20,744,100 is not paid.
[Grounds for recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the above facts, the Defendants are jointly and severally liable to pay the unpaid service cost of KRW 20,744,100 and damages for delay at each rate of KRW 5% per annum under the Civil Act from January 1, 2014 to May 28, 2015, which is the date of the final delivery of the copy of the complaint in this case, and from the following day to the date of full payment, 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.
2.3.