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1. The Defendant shall pay to the Plaintiff a year from April 9, 2019 to May 31, 2019 with respect to Japanese currency 378,336,198 and its related matters.
Reasons
1. Basic facts
A. On April 2, 2007, the Plaintiff entered into a basic contract with D Co., Ltd. (hereinafter “C”) for the continuous supply of goods, such as E, F, G, etc. produced by D Co., Ltd. (hereinafter “instant contract”). At the time, the Defendant, which was the representative director C, jointly and severally guaranteed all the obligations currently and in the future borne by C for the Plaintiff.
B. The plaintiff supplied the above goods to C in accordance with the basic contract for the sale and purchase of goods. On March 2009, the original defendant and C prepared a letter stating that "C shall pay to the plaintiff the purchase price that it shall pay to the plaintiff USD 468,836,867 and USD 528,021 in Japan as of February 28, 2009, and C shall pay 18,000,000 in Japan as of the end of each month from March 2009 to the end of 2009, and 15,000,000 in Japan as of the last day of each month from March 209 to the date of full payment, and the defendant shall jointly and severally guarantee C's above obligation."
C. From December 27, 2013 to December 12, 2018, the Defendant and C prepared and delivered “CONFIMAMASS” to the Plaintiff, stating that the said debt amount that the Defendant and C shall repay to the Plaintiff on a total of six occasions during a total of six occasions between December 27, 2013 and December 12, 2018 is a Japanese call 378,336,198.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant who jointly and severally guaranteed the obligation under the instant contract shall be 15% per annum as stipulated in Article 2(1) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019) (Presidential Decree No. 29768, May 21, 2019) and the former Special Provisions (amended by Presidential Decree No. 29768, May 21, 2019) concerning the statutory interest rate from April 9, 2019 to May 31, 2019.