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1. Defendant A and B Co., Ltd. jointly and severally file for the Plaintiff KRW 96,604,678 and the Defendant A Co., Ltd. on the same date.
Reasons
1. On July 1, 2007, the Plaintiff entered into a liquefied petroleum gas supply contract with the Defendant Company A (hereinafter “Defendant Company”) and supplied liquefied petroleum gas to the Defendant Company from around that time to July 2016. The amount of the gas price unpaid to the Plaintiff by the Defendant Company up to KRW 96,604,678, and the actual operator of the Defendant Company, the Defendant Company B, as the actual operator of the Defendant Company, is not in dispute between the parties.
According to the above facts of recognition, Defendant Company and B are jointly and severally liable to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum from December 2, 2016, following the day when the copy of the complaint of this case was served to the Plaintiff, and Defendant B is jointly and severally liable to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum from December 1, 2016 to the day when the copy of the complaint of this case was served to the day of complete payment.
2. The Plaintiff asserted that Defendant C had jointly and severally guaranteed the Defendant Company’s gas payment liability, but there is no evidence to acknowledge this.
The plaintiff's assertion in this part is without merit.
3. According to the overall purport of Gap evidence Nos. 5 (Guarantees) and the argument as to the claim against defendant D, the defendant D, who was registered as an internal director on the register of the defendant company, will undertake to approve the plaintiff at least the end of the month of the end of the month of the end of the month of the year of the date of the date of the hearing of the defendant company, with an undertaking to approve the plaintiff at least KRW 0,000,000,000 for the attempted gas proceeds (Evidence No. 5). The statement "A (State)D" as to the part of the maker of the above commitment, has been signed by the defendant D, and the resident registration number and telephone number of the defendant company are also stated.
The plaintiff, based on the above letter of undertaking, is liable to pay the gas price of the defendant company.