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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 244,372,98 and KRW 242,882,432 among the Defendants.
Reasons
1. Facts of recognition;
A. From around 2008, the Plaintiff supplied 89,103,000 won to Defendant B, who had been engaged in agricultural products wholesale and brokerage business, on credit. After Defendant B established E Co., Ltd. (hereinafter “Nonindicted Company”) on January 12, 2009, the Plaintiff supplied Nonparty Company a total of 899,103,00 won to Nonparty Company on credit as follows:
1) On October 19, 2009, the Plaintiff: (a) sold 118,894 net proceeds to the non-party company in total at KRW 1,129,49,493,00 (i.e., KRW 118,894 network x 9,500 per network); (b) the Plaintiff and the non-party company agreed to change the price into KRW 820,059,000 upon finding that a part of the derivatives sold by the Plaintiff was decomposed; (c) around February 19, 2010, the Plaintiff and the non-party company sold 11,292 net proceeds to the non-party company in total at KRW 79,04,000 (=11,292 network x 7,00 won per network x 1 network).
B. While the Plaintiff received only 629,103,000 won from the non-party company and did not receive the remaining 270,000,000 won (=89,103,000 won - 629,103,000 won) from the non-party company, the Defendant A, the wife of the Defendant B, demanded payment of the remaining 270,000 won from the non-party company around November 29, 201, the payment deadline for the remaining 270,000 won from the non-party company to the Plaintiff was entered into a trade agreement with the Plaintiff on November 29, 201 with the condition that the interest rate shall be set at 12% per annum (hereinafter “the transaction agreement in this case”); on the same day, the Defendant B and C concluded joint and several surety to the extent of 324,000,000 won for the obligation under the above transaction agreement with the Plaintiff as to the Plaintiff (hereinafter “joint and several surety”).
C. As of August 10, 2015, the remaining two-waves that the Plaintiff had not received from the Defendant A based on the instant transaction agreement is KRW 244,372,98 (i.e., KRW 242,882,432 and KRW 1,490,566) in total, as of August 10, 2015 (i.e., KRW 242,882,432).
【Unsatisfied facts, Gap evidence 1 through 4, respectively.