1. Defendant C, E, F, and G are jointly and severally liable to the Plaintiff for KRW 47,052,00,000 and the Defendant.

The indication of claims against Defendant C, E, and F: as shown in the grounds for the claims in the attached Form.

The indication of the claim against Defendant G by service by public notice (Article 208(3)3 of the Civil Procedure Act)

Judgment

Since there is no dispute between the parties as to the above facts of the cause of the claim, Defendant G is obligated to pay the amount indicated in the order to the Plaintiff.

As the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings were amended and enforced from June 1, 2019, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be governed by the previous provisions for the portion arising until May 31, 2019, and the amended provisions (12% per annum) for the portion arising after June 1, 2019 shall apply.

The Plaintiff asserted as to Defendant D’s claim has jointly and severally guaranteed the Defendant C’s obligation to pay the goods to the Plaintiff, and thus, the Plaintiff sought payment of KRW 47,052,00 for the remainder of the goods against Defendant D as well as damages for delay.

In this regard, Defendant D asserts that since the maximum amount of the guaranteed debt is not explicitly stated, Defendant D's joint and several liability is invalid.

Judgment

Article 428-3 of the Civil Act provides, “A guarantee may be made for a large number of obligations with uncertain obligations. In such cases, the maximum amount of the guaranteed obligations shall be specified in writing,” and Article 428-2(2) provides, “In the case of paragraph (1), the maximum amount of the obligations shall not be effective unless specified in writing pursuant to Article 428-2(1).”

This is because if the guarantor guarantees a large number of obligations uncertain, the amount of the guaranteed obligation to be borne by the guarantor is likely to be excessively expanded than that which the guarantor had anticipated or could have anticipated.