Defendant B shall pay to the Plaintiff KRW 164,246,415 and the interest rate of KRW 12% per annum from December 10, 2019 to the date of full payment.

Basic Facts

A. The Plaintiff is a company whose purpose is to sell steel and steel products, and D is a person who engages in steel processing business, etc. in the trade name “E.”

B. From around September 28, 2019, the Plaintiff entered into a commodity transaction agreement with D on October 11, 2019 with a view to obtaining cash approval on the 25th day of the month following the transaction with D, while Defendant B set the maximum amount of the guaranteed debt at KRW 300,000,000, and jointly and severally guaranteed the obligation to pay the purchase price to D to the Plaintiff (hereinafter “joint and several surety”).

(c)

D on November 19, 2019, on the basis of the last transaction date, the Plaintiff bears the obligation to pay for the goods of KRW 164,246,415.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2-3, Gap evidence 4 (limited to the part in the name of defendant Eul and defendant Eul), the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant B, pursuant to the joint and several guarantee agreement of this case, Defendant B is obligated to pay the Plaintiff delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 10, 2019 to the date of full payment, following the delivery of the original copy of the instant payment order, as requested by the Plaintiff, to the Plaintiff, according to the joint and several guarantee agreement of this case.

3. Claim against Defendant C

A. Defendant C is jointly and severally liable to pay KRW 164,246,415 to the Plaintiff for the following reasons.

① Defendant C jointly and severally guaranteed the purchase price obligation for the Plaintiff as Defendant B.

② Even if there is a joint and several guarantee agreement that Defendant B entered into on behalf of Defendant C, Defendant C sent to the Plaintiff on December 18, 2019 a letter of delivery of materials that acknowledge his/her obligation, which is either recognized as his/her obligation or expressed his/her intent to jointly accept D’s obligation.

B. Determination 1) The Plaintiff’s determination as to whether to enter into an agreement on joint and several sureties on October 2019.