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1. The Defendant’s KRW 41,99,823 as well as the Plaintiff’s KRW 6% per annum from November 1, 2015 to March 9, 2016.
Reasons
1. Basic facts
A. In full view of the purport of each statement in Gap evidence Nos. 1 through 3 and 6 through 9, the plaintiff supplied money to "E" from October 2012 to March 2015. The defendant, as a business registration titleholder of the above E, agreed to pay 60,737,265 won for the goods unpaid from the supply transaction of the said money, etc. to the plaintiff under the joint and several surety of the defendant joining the defendant, on March 16, 2015 to January 30, 2016, on the 15th day of each month from March 16, 2015 to October 30, 2016, the plaintiff shall be paid in installments 10,073,727 won, and if the above installment payment has not been made on more than two occasions, he/she shall not lose profits within the period, and it shall not be recognized that there has been an agreement to receive 939,000 won for the goods supplied as at October 30, 2015.
B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 41,99,823 of the accrued goods and delay damages calculated at the rate of 6% per annum under the Commercial Act from November 1, 2015 to March 9, 2016, which is clearly indicated in the record that the delivery date of the instant payment order is the delivery date of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
2. Judgment on the argument of the Intervenor joining the Defendant
A. As to this, the Defendant’s Intervenor asserts to the effect that the Defendant is not liable for the Defendant, since the Defendant’s above goods payment obligation was transferred to the Defendant’s Intervenor, as the Defendant’s Intervenor’s Intervenor’s Intervenor’s business registration was made by borrowing the Defendant’s name.
B. On February 16, 2015, the Defendant agreed to pay to the Plaintiff the unpaid amount of KRW 60,737,265 as a result of the supply transaction of the said money, etc., and the Defendant’s Intervenor jointly and severally guaranteed the Defendant’s obligation to the Plaintiff.