A. On March 27, 2018, the Defendant’s joint guarantee 1 for the Plaintiff A entered into a contract for a solar power plant construction contract with D Co., Ltd. (hereinafter “D”) with the representative director (i.e., the remainder of KRW 50,000,000 intermediate payment of KRW 150,000,000 (i.e., KRW 50,000 intermediate payment of KRW 1,800,000), and the delayed reward rate of KRW 1/1,00 per day, and the date of completion of construction, on December 31, 2018.

2) On April 29, 2019, D agreed with the said Plaintiff to extend the said construction period until October 31, 2019, and signed a fair certificate that the said Plaintiff would pay 36,800,000 won for delay until October 31, 2019.

3) On December 9, 2019, D would pay on December 9, 2019 with interest at a rate of 12% per annum from the date of payment after the date of payment.

The defendant set up a contract and jointly and severally guaranteed the contract.

B. The Defendant’s joint and several sureties 1 of the Plaintiff B entered into a contract for the construction of solar power plant under the same conditions as D on March 27, 2018.

2) On April 29, 2019, D agreed with the said Plaintiff to extend the said construction period until October 31, 2019, and signed a fair certificate that the said Plaintiff would pay 36,800,000 won for delay until October 31, 2019.

3) On December 9, 2019, D agreed to pay interest at a rate of 12% per annum from the date of payment after the date of payment on the debt under the aforementioned Plaintiff and the process deed, and the Defendant jointly and severally guaranteed this.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 to 11, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay each of the plaintiffs the interest on delay calculated at the agreed interest rate of 12% per annum from November 1, 2019 to the date of full payment, with the amount of KRW 36,800,000, and the amount of each of the plaintiffs' joint and several liability obligations.

B. As to this, the Defendant’s limit of compensation for delay in the construction contract for each solar power plant is 10% of the contract amount.