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1. Defendant C and D shall jointly and severally pay to the Plaintiff KRW 85,00,000,000 and the interest thereon from July 20, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On December 29, 201, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a subcontract agreement (hereinafter “instant construction contract amounting to 3,150,000,000 won and construction period from December 29, 201 to January 31, 201) with an interesting construction company (hereinafter “interest construction”).
B. On January 25, 2012, the Plaintiff and the Defendant Company agreed to KRW 2.9 billion for the instant construction project, and drafted a construction agreement stating that “In the event that the Plaintiff fails to comply with the agreement, the agreement is terminated, and at the same time, the Plaintiff and the Defendant Company agree to jointly pay 20% of the amount of the instant construction project as compensation for losses.”
C. On January 30, 2012, the Plaintiff and the Defendant Company drafted an agreement to perform the instant construction project subcontract agreement (hereinafter “instant agreement”) with respect to the instant construction project from December 29, 201 to January 31, 201, with respect to the construction project amounting to KRW 3,150,000,000, and with respect to the construction project period from January 29, 2011 to January 31, 2014, and the Plaintiff paid KRW 50,000,000 to the Defendant Company as a security deposit for the performance of the construction project.
The Plaintiff performed the instant construction work from the end of December 201 to June 2012. As the Plaintiff was unable to continue the construction work due to personal circumstances, on June 19, 2012, Defendant C entered into an agreement on the performance of the construction work subcontract (hereinafter “instant agreement”) with Defendant C to perform the instant construction work, and Defendant D became a joint and several surety by Defendant C.
The instant 2 Work Performance Clause states the “Settlement of the Price of Works.” The elements of the construction cost executed by the Plaintiff shall be KRW 100,000,000, and Defendant C and D shall pay KRW 10,000 among them at the same time as the contract is concluded, and KRW 45,00,000,000 shall be paid at the same time.