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1. The Defendants jointly and severally liable to the Plaintiff KRW 23,136,300 and Defendant A with respect thereto from October 7, 2016, and Defendant B.
Reasons
1. Indication of claim;
A. On May 16, 2015, the Plaintiff entered into an agreement on the supply of ready-mixed with C Co., Ltd. (hereinafter “C”) and supplied 23,136,300 won to C from June 9, 2015 to June 29, 2015, but C did not pay the price.
B. B. By December 18, 2015, C prepared and delivered to the Plaintiff a letter of commitment to pay KRW 23,136,300 for ready-mixed, and the Defendants jointly and severally guaranteed C’s obligation to pay for ready-mixed.
C. Therefore, the Defendants are jointly and severally liable to pay 23,136,300 won for ready-mixed and its delay damages to the Plaintiff in accordance with the above joint and several surety agreement.
2. Applicable provisions;
(a) Defendant A: Article 208(3)3 of the Civil Procedure Act (Decision by public notice);
B. Defendant B: Article 208(3)2 of the Civil Procedure Act (in the case of being deemed as a confession),