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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 2003, the Plaintiff (former: C) entered into a goods supply contract with D Co., Ltd. (hereinafter “Nonindicted Company”) and supplied goods to the Nonparty Company from that time. At that time, the Defendant, as the representative director of the Nonparty Company, jointly and severally guaranteed the Non-Party Company’s obligation to pay for the Plaintiff.
B. On February 24, 2004, the Plaintiff filed a lawsuit against the non-party company, which is the primary debtor, as Seoul Central District Court 2004Gahap1221, and on June 17, 2004, the above court rendered a judgment on June 17, 2004 that "the non-party company shall pay to the Plaintiff the price of the goods, KRW 170,593,885, and delay damages therefor," and the above judgment became final and conclusive on July 17, 2004.
C. On April 11, 2006, the Plaintiff filed a lawsuit against the Defendant, a joint guarantor, as Seoul Central District Court 2006Gahap31301, and the above court rendered a judgment on July 19, 2006, stating that “the Defendant shall pay to the Plaintiff 170,593,885 won with 5% per annum from January 1, 2004 to May 22, 2006, and 20% per annum from the next day to the date of full payment (hereinafter “the second judgment”). The above judgment was finalized on August 12, 2006.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence No. 1 (including each number), the purport of the whole pleadings
2. According to the facts acknowledged prior to the determination as to the cause of the claim, barring any special circumstance, the Defendant shall pay to the Plaintiff damages for delay at the rate of 20,401,159 per annum from January 1, 2004 to May 22, 2006 for the price of the above goods of KRW 170,59,683 (i.e., KRW 170,593,885) and from the rate of 20% per annum from May 23, 2006 to December 30, 2015 for the price of the above goods of KRW 170,593,885 (i.e., KRW 328,07,639) and damages for delay from December 31, 2015 for the price of the above goods.