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1. The Defendants jointly and severally pay KRW 55,800,000 to the Intervenor succeeding to the Plaintiff as well as the full payment from August 8, 2014.
Reasons
1. Facts of recognition;
A. Thsiethyl Co., Ltd. supplied steel, etc. to Defendant A, and did not receive the price of KRW 55,800,000 as of December 26, 2013. On December 26, 2013, Defendant A, a primary debtor, and Defendant B, a joint and several surety, made and delivered a letter of promise to pay the price of the goods to Taesungethyl by June 30, 2014.
B. On February 11, 2014, Taesiethyl Co., Ltd. transferred the above claim for the purchase price of goods to the Plaintiff, and notified the Defendants of the said transfer on February 14, 2014. On January 8, 2015, the Plaintiff transferred the said claim to the Plaintiff’s succeeding Intervenor and notified the Defendants of the said transfer on January 9, 2015, when the instant lawsuit was pending.
[Reasons for Recognition] Class C 1-4 of Evidence Nos. 1-4 and the purport of the whole pleadings
2. Determination
A. According to the facts of the judgment as to the plaintiff's claim, the plaintiff transferred the claim for the price of the goods of this case to the plaintiff succeeding intervenor, and there is no right against the defendants. Thus, the plaintiff's claim is without merit.
B. As seen earlier prior to the determination on the Plaintiff’s claim, the Plaintiff’s succeeding intervenor was jointly and severally liable to pay the Plaintiff’s succeeding intervenor KRW 55,800,00 and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 8, 2014 to the date of full payment, which is obvious that the copy of the complaint of this case was served on the Defendants, to the Plaintiff’s succeeding intervenor who acquired the instant claim for the purchase price of the goods of this case from Taesung et al.
3. In conclusion, the plaintiff's claim by the succeeding intervenor is justified, and the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.