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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 52,117,272 won and the period from November 6, 2014 to February 1, 2016.
Reasons
1. Determination as to each claim against Defendant B and C
A. In full view of the Plaintiff’s evidence Nos. 1-13, 2-1-4, and 3-1-1, 7-11 of the evidence and the overall purport of the pleadings, the Plaintiff, a wholesale wholesaler for electrical construction materials, on October 31, 2014 (hereinafter “Defendant B”), shall be deemed as Defendant B (hereinafter “Defendant B”).
() Lastly, the Defendants can be found to have a claim for the delivery price of KRW 52,117,00 as of the date of closing the argument through supplying the last electrical construction materials, return of the materials thereafter, and payment of part of the price. [The Defendants asserted that the balance certificate (Evidence A 3-1) written by the Defendants that verified the remaining amount of the supplied goods to the Plaintiff was signed only by the Defendants, and that the content portion was arbitrarily supplemented by the Plaintiff after delivering the remaining amount of the supplied goods to the Plaintiff in blank. However, there is no evidence to acknowledge this fact.
If the authenticity of a seal imprint, etc. is recognized, unless there are other special circumstances, the document is presumed to have been signed and sealed by the person under whose name the document was completed (see Supreme Court Decision 2001Da11406, Apr. 11, 2003). 2) In full view of the joint and several surety of Defendant C C, Defendant C’s entry of the evidence No. 3-1 and the overall purport of oral argument, Defendant C may recognize the fact that Defendant C has jointly and severally guaranteed the obligation to pay back to the Plaintiff.
B. According to the above facts, Defendant B and C are jointly and severally liable to pay to the Plaintiff the remaining price of delivered goods, KRW 52,117,272, and delay damages.
2. According to Article 519-9(1) of the Commercial Act regarding the claim against Defendant A, a company established by division or merger after division or a surviving company is jointly and severally liable for the obligations of the company before division or merger after division.
Defendant B’s objective of business on October 7, 2014.