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1. Of the judgment of the first instance court, the part against Defendant D is revoked, and the Plaintiff’s claim against Defendant D is dismissed.
2...
Reasons
1. Facts of recognition;
A. On June 28, 2017 and July 17, 2017, the Plaintiff requested Defendant C Co., Ltd. (hereinafter “Defendant Company”) to print and distribute leaflets, and completed the printing and distribution of leaflets by July 31, 2017.
B. As the Plaintiff did not pay the price, 129,932,000 won shall be paid from the Defendant Company until September 30, 2017, as the Plaintiff did not pay the price, and 8% interest interest per annum from the date following the date of payment to the date of full payment shall be additionally paid if the Plaintiff fails to pay the price by the date of payment.
“The letter of payment (Evidence A No. 2) was drawn up, and Defendant E had a joint and several liability for the payment of the Defendant Company by clarifying it as a joint and several surety in the said letter of payment.
C. Around October 2017, the Plaintiff requested the Defendant Company to produce the additional Guidebook, and on November 30, 2017, produced and supplied the Defendant Company’s 22,000,000 Guidebook.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 7, the purport of the whole pleadings
2. According to the facts of the recognition of the claim against the Defendant Company and E, the Defendant Company is jointly and severally liable to pay the Plaintiff the amount of KRW 151,932,00 per annum (i.e., the amount of KRW 129,932,000 for the production of the former sheet in addition to the amount of KRW 129,932,000 under the payment agreement) and the amount of KRW 129,932,000 for the former sheet in addition to the amount of KRW 129,932,000, which is the date following the payment due date, from October 1, 2017 to April 17, 2018, the original copy of the payment order in this case, the amount of KRW 8% per annum under the interest rate of delay until April 17, 2018, and damages for delay calculated at the rate of KRW 222,00,000 per annum from the next day of the delivery of the original copy of the payment order in this case to KRW 15.