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1. The defendant shall jointly and severally with D Co., Ltd. for KRW 38,560,020 and KRW 35,795,615 among them, as to September 5, 2019 for the plaintiff.
Reasons
1. In full view of the facts acknowledged by Gap's evidence Nos. 1 to 4 (including paper numbers) and the overall purport of the pleadings, the facts of the reasons for the claim are recognized.
2. Accordingly, the Defendant, a joint and several surety, is jointly and severally liable to pay to the Plaintiff KRW 38,560,020 as well as KRW 35,795,615 as well as damages for delay calculated at the rate of 9% per annum from September 5, 2019 to November 15, 2019, and 12% per annum from the following day to the date of full payment.
In regard to this, the defendant asserted that it is impossible to comply with the claim of this case by asserting that it will be executed first in the property of the company which is the principal debtor, so long as the defendant jointly and severally guaranteed the obligation of D to the plaintiff who is the principal debtor, the right of peremptory notice and search of the guarantor is not recognized (the proviso of Article 437 of the Civil Act).
3. The plaintiff's claim for conclusion is accepted, and the costs of the lawsuit are assessed against each party.