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1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 209,259,484 and the period from July 8, 2015 to August 27, 2015.
Reasons
1. Facts of recognition;
A. On October 6, 2011, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter referred to as “A”) under which the Plaintiff would supply goods ( steel) to the Defendant A by setting the maximum trading amount of credit goods as KRW 1,00,000,000. The Defendant B jointly and severally guaranteed the goods payment obligation owed by Defendant A to the Plaintiff within the said trading limit.
B. According to the above contract, the Plaintiff supplied the goods to Defendant A, and the Defendant A issued and delivered to the Plaintiff a promissory note of KRW 213,407,392 at par value and a check of KRW 70,897,046 at par value, but the said promissory note was issued and delivered on April 1, 2013, and the said check was refused payment on April 9, 2013.
A A A A A A A CED HF
C. Meanwhile, the Plaintiff received the claim from Defendant A to the third obligor, and recovered the total amount of KRW 75,004,954 as follows.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 through 7 (including each number), each fact inquiry results on the construction of the Sungwon Industry, the purport of the whole pleadings as a whole.
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of the goods unpaid to the Plaintiff (=209,259,484 won (213,407,392 won 70,897,046 won - 75,044,954 won) and damages for delay at each rate of 20% per annum under the Civil Act from July 8, 2015 to August 27, 2015, which is the day following the day when the application for alteration of the purport and cause was finally served on the Defendants, to the day when the application for alteration of the purport and cause was finally served on the Defendants, and from the following day to the day of full payment, to the day when the application was served on the Defendants, 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
As to this, the Defendants transferred to the Plaintiff the claim amounting to the sum of KRW 351,152,903, which Defendant A had against the third obligor.