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The Plaintiff
A. Defendant B shall pay KRW 76,366,260 and a rate of 12% per annum from April 25, 2020 to the date of full payment.
Reasons
1. Determination as to claims against Defendant B and C
A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the evidence Nos. 1, 2, and 5.
① From January 1, 2018 to December 12, 2018, the Plaintiff supplied Defendant B with electrical and medical stuffs, and did not receive KRW 76,366,260 out of the price of the goods.
② Defendant B prepared and delivered to the Plaintiff a letter of intent to repay KRW 40,000,000, out of the amount of goods unpaid on December 2, 2019, until January 31, 2020. Defendant C signed the letter of intent as the guarantor.
B. Therefore, Defendant B is obligated to pay the Plaintiff the amount of unpaid goods at KRW 76,366,260 and the amount of delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 25, 2020 to the date of full payment following the delivery of a copy of the complaint of this case, as requested by the Plaintiff.
In addition, Defendant C, as a joint guarantor of each of the instant notes, is obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 24, 2020 to the day of full payment following the delivery of a copy of the instant complaint as requested by the Plaintiff.
2. Determination as to the claim against Defendant D
A. The Plaintiff guaranteed the payment of KRW 35,000,000 out of the unpaid goods to Defendant D, and thus, is jointly and severally liable with Defendant B.
The argument is asserted.
B. However, the evidence evidence Nos. 3, 4, and 6 alone, as alleged by the Plaintiff, provided joint and several guarantee that Defendant D guaranteed the instant goods price liability within the scope of KRW 35,000,000, as alleged by the Plaintiff.
Since it is insufficient to recognize this part of the Plaintiff’s claim is rejected.
3. For this reason, the plaintiff's claim against the defendant B and C is accepted, and the defendant D's claim is dismissed. It is so decided as per Disposition.