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1. The defendant shall be jointly and severally with C to the plaintiff KRW 160,000,000 and the interest rate thereon from December 28, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On March 15, 2016, the Plaintiff entered into a contract with the Defendant to sell a 7600 net worth KRW 190 million to the Defendant (hereinafter “instant contract”), and C, on the same day, jointly and severally guaranteed the Defendant’s obligation to pay for the goods to the Plaintiff.
B. The Plaintiff delivered to the Defendant and C an amount equivalent to KRW 190 million under the above contract, but the Defendant and C paid KRW 30 million out of the above amount of KRW 190 million, and did not pay the remainder KRW 160 million.
C. Accordingly, on June 22, 2016, the Plaintiff urged the Plaintiff to pay the price for the goods unpaid to the Defendant and C, and the Defendant and C prepared a written confirmation to pay the Plaintiff a sum of KRW 160 million, including the price for the goods under the instant contract, KRW 40 million on July 15, 2016, KRW 40 million on August 16, 2016, KRW 80 million on September 15, 2016, and KRW 160 million on September 15, 2016 (hereinafter “instant written confirmation”).
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is jointly and severally liable with C to pay the Plaintiff the amount of KRW 160 million as the price for the goods, as well as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 28, 2017 to the day of full payment, as the Plaintiff seeks.
3. The defendant's assertion is acknowledged that the plaintiff and the defendant prepared the contract of this case or the confirmation document of this case, but the plaintiff is the actual purchaser of this case and himself is merely the only name written in the contract of this case or confirmation document of this case as C's friendship, but there is no evidence to acknowledge this, the defendant's above assertion is without merit.