1. The Defendants are jointly and severally liable to the Plaintiff for 29,823,289 won and 20% per annum from October 18, 2014 to the date of full payment.

1. Basic facts

A. The Plaintiff (the former trade name is the Gwangju Medicine Co., Ltd.) is a company that manufactures and sells pharmaceutical products, and the Defendant A is a person who engages in the wholesale business of pharmaceutical products in the trade name of “C”.

B. Around 2002, the Plaintiff entered into a medicine transaction agreement with the Defendant A, and at that time, the Defendant B, the head of the Defendant A, jointly and severally guaranteed the obligation of the Plaintiff under the said transaction agreement with the Defendant A.

C. After the conclusion of the above transaction agreement, the Plaintiff supplied the drugs to Defendant A by September 29, 2014. As of the closing date of the argument in the instant case, KRW 29,823,289 out of the above pharmaceutical proceeds remains.

[Ground for Recognition] Defendant A: The judgment of deemed confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. According to the above facts finding as to the Plaintiff’s claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of damages for delay calculated at the rate of 20% per annum from October 18, 2014 to the date of full payment, as claimed by the Plaintiff, to the day following the day on which the duplicate of the complaint of this case was served to the Defendants, as claimed by the Plaintiff, even after the last transaction date, barring any other special circumstances.

3. Determination as to Defendant B’s assertion

A. The defendant B asserts that there was no joint and several sureties, and that there was only a joint and several sureties for the Maddong Pharmaceutical Co., Ltd. around 2002, and that there was no joint and several sureties for the plaintiff.

However, in addition to the statements in Gap evidence No. 11 and Eul evidence No. 2, the plaintiff can only recognize the fact that the plaintiff is a juristic person identical to Gwangju Pharmaceutical Co., Ltd., since only the trade name and the location of its head office are changed, it is difficult to accept the above argument by the defendant Eul.

B. The Defendant B asserted that the joint and several guarantee agreement was terminated on May 24, 2011, between the Plaintiff and the Defendant A around May 24, 2011.