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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 58,327,00 and 6% per annum from April 16, 2018 to October 23, 2018.
Reasons
1. Facts of recognition;
A. From around February 2014 to January 2018, the Plaintiff: (a) supplied DNA to Defendant B Agricultural Partnership (hereinafter “Defendant Corporation”); and (b) did not receive part of the DNA payment, the Plaintiff agreed to receive the unpaid DNA payment from Defendant C, the representative director of the Defendant Corporation, at KRW 61,327,00 and agreed to receive the payment until April 15, 2018; and (c) drafted a statement of accounts (Evidence 1) thereon.
B. In addition to the rubber and corporate seal affixed on the above settlement statement, Defendant C written the phrase “6,100 0,000 won will be paid by April 15, 2018,” and affixed his seal on the above phrase, and on the one hand, written settlement of accounts, and signed his name and resident registration number on the one hand as an individual’s own position.
C. The Defendants paid KRW 3,000,000 to the Plaintiff following the preparation of the above settlement statement.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts found in the claim part against the defendant corporation, the defendant corporation is obligated to pay the plaintiff 58,327,000 won (=61,327,000 won - 3,000 won) obtained by deducting 3,00,000 won after the settlement of accounts from 61,327,000 won for the settlement of accounts and damages for delay (3,00,000 won).
B. 1) The party’s assertion against Defendant C argues that the Plaintiff agreed to pay the amount of the settlement document jointly with the Defendant corporation. Accordingly, the Defendant C, rather than signing and sealing on the meaning of joint and several liability, signed and sealed the amount stated in the settlement document as the representative director of the Defendant corporation, with the meaning of confirming the amount as the representative director of the Defendant corporation. 2) If the interpretation of the party’s intent indicated in the determination document is at issue, the content of the text, motive and circumstance of the agreement, the purpose to achieve the agreement