공사대금
1. The Defendants are jointly and severally liable to the Plaintiff for 30,720,000 won and the interest rate of 15% per annum from August 11, 2016 to the date of full payment.
1. The following facts can be acknowledged in light of the following facts: Gap evidence 1, Gap evidence 2, Eul evidence 3, Gap evidence 4, Gap evidence 5 (the same as Eul evidence 1), Gap evidence 6, Eul evidence 2, and the whole purport of the pleadings.
On March 30, 2015, the Plaintiff engaged in elevator manufacturing, sales and installation business, etc. entered into a contract for elevator manufacturing, sales and installation (hereinafter “instant contract”) with Defendant A, who is constructing a new urban residential housing building in Dongcheon-si, the contract amount of which is KRW 75,900,000 (including value-added tax) for the elevator to be installed in the said building. Defendant B jointly and severally guaranteed Defendant A’s obligation under the instant contract.
B. At the time of entering into the instant contract, Defendant A paid KRW 15,180,000 to the Plaintiff (including value-added tax).
C. On August 1, 2016, the Plaintiff, Defendants, and D Co., Ltd.: (a) added D to joint and several sureties Co., Ltd.; (b) the payment period from June 30, 2015 to August 11, 2016; and (c) paid 30,000,000 won (including value-added tax) on August 2, 2016; and (c) paid 30,720,000 won (including value-added tax) in exchange with the completion inspection certificate; and (d) agreed to amend the instant contract.
D Co., Ltd. paid KRW 30,000,000 (including value-added tax) to the Plaintiff on August 2, 2016 in accordance with the above amendment agreement.
E. On August 10, 2016, the Plaintiff obtained an elevator inspection certificate from the chief executive officer of the Korea Elevator Safety Corporation on the elevator installed in the above building and issued it to Defendant A.
2. According to the above facts, Defendant A, the debtor of the contract of this case, and Defendant B, the joint and several surety, jointly and severally, shall be KRW 30,720,00 (=75,90,000 - 15,180,000 - 30,000), and the completion inspection certificate, i.e., an elevator inspection certificate, issued to the Plaintiff. < Amended by Presidential Decree No. 27570, Jan. 1, 2016>