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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. Defendant C entered into a “G” agency contract with the Plaintiff, and supplied the Plaintiff with sports wearers and related goods and sold them.
B. On June 12, 2014, Defendant C prepared a “debt Repayment Plan” with the content that the Plaintiff’s debt amounting to KRW 113,00,000 against the Plaintiff is KRW 113,00,00 and the remainder of KRW 73,000 on July 7, 2014 is repaid in 1,50,000 per month at the maturity of three years; ② the content that the Plaintiff’s debt amount is KRW 156,68,149 (from January 21, 201 to June 12, 2014) is verified as KRW 156,68,149; ③ the content that the Plaintiff’s debt amounting to KRW 113,00,00 with the Plaintiff is repaid by June 12, 2017, and received notarized evidence from the law firm.
Defendant D affixed the above “performance Plan”, “performance Certificate”, and “performance Certificate” as a joint and several surety.
C. On June 17, 2014, Defendant E drafted a letter of payment stating that Defendant C would pay KRW 30 million to the Plaintiff by June 12, 2017, in a sense that Defendant C’s debt to Defendant C is jointly and severally guaranteed.
【Reasons for Recognition】 Records of Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, Defendant C and D are jointly and severally liable to pay to the Plaintiff KRW 63,310,000 ( KRW 40 million and KRW 23,10,000 in payment in kind) less the remainder of KRW 49,690,00 after the agreed due date for payment, and damages for delay calculated at the rate of 12% per annum from April 16, 2019 to the day of full payment after the delivery of the original copy of the instant payment order sought by the Plaintiff. Defendant E and the Plaintiff jointly and severally are jointly and severally liable to pay to the Plaintiff KRW 30,00,000 in payment in the above amount and from March 12, 2019 after the agreed due date for payment to the day of full payment.