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1. Defendant C’s KRW 51,286,00 and the Plaintiff’s annual rate of KRW 5% from June 1, 2016 to March 9, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff, a company operating building materials wholesale business, retail business, etc., and the F Co., Ltd. (hereinafter “Non-Party Company”), are companies engaged in the wholesale business. The Plaintiff supplied the Non-Party Company with materials such as hot gas, etc. from November 2014 to March 25, 2015. The Non-Party Company did not pay only part of the price of the goods and pay the remainder of KRW 51,286,007.
B. On May 18, 2015, the Defendants, as directors of the non-party company, signed each of the certificates proving that the non-party company’s unpaid debt amounting to KRW 62,786,007 is jointly and severally guaranteed.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 4, Eul evidence 3, Eul evidence 4-1 to 4, the purport of the whole pleadings
2. Judgment on the parties' arguments
A. According to the above facts of recognition as to the claim against Defendant C, Defendant C, as a joint and several surety of the non-party company, has a duty to pay damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from June 1, 2016 to March 9, 2018 and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment, to the date of delivery of a copy of the complaint in this case, which is clear from June 1, 2016 to the Plaintiff.
B. Determination 1 on the claim against Defendant D) The Plaintiff: (a) on May 18, 2015, with respect to Defendant D, a written confirmation that Defendant D’s joint and several surety for Defendant D’s obligation for the payment of goods to the Plaintiff of the non-party company (Evidence A 1-1 and hereinafter “instant written confirmation”).
Since Defendant D signed it, it is jointly and severally liable to pay 51,286,007 won and damages for delay to the Plaintiff with Nonparty Company and Defendant C as a joint and several surety for the payment of the above goods.
In this regard, the signature written in the joint and several surety column of the letter of confirmation of this case was forged by Defendant C, who actually operates the non-party company, arbitrarily.