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1. The Defendants are jointly and severally liable to the Plaintiff for 300,000,000 won and 20% per annum from August 21, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) subcontracted a painting construction work among Section 11 Section E apartment (hereinafter “instant apartment”) from Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”) and subcontracted part of the construction work to F.
B. F, while executing the instant apartment painting construction, failed to meet material costs and wages, F requested subrogation of material costs and wages short of D, and D accordingly paid the said material costs and wages.
C. On June 3, 2014, F, G of the site director of the instant apartment construction, and F’s division H, in order to secure the payment of the right of reimbursement of the subrogated amount, issued and delivered to the payee the Promissory Notes amounting to KRW 300,00,000 at par value as the addressee, and the due date November 3, 2014 as of November 3, 2014 (hereinafter “instant Promissory Notes”). On the same day, if the payment of the said Promissory Notes amount is delayed as of No. 2501 of the J notary’s Joint Office No. 201 on the same day, a notarial deed was prepared and issued to the effect that there is no objection even if compulsory execution is conducted.
After that, July 4, 2014, Defendant C of G-type Defendant B and F’s mother: “The first financial guarantor B and the second financial guarantor C shall provide a financial guarantee for the guarantor, etc. in the event that he/she has caused any damage to his/her death by intention or negligence during the construction of the instant apartment project. The guarantor: DI, the guaranteed amount: KRW 300,000,000 “The letter of financial guarantee (hereinafter “the letter of guarantee”) was prepared and issued to I.
E. The material price and wages paid by D at F’s request are KRW 300,800,000 as of June 9, 2015, and F on the same day as D’s, “a verified person is unable to pay KRW 300,800,000 to D in the course of performing the instant apartment painting construction project under a subcontract.” As such, B, G, C, and H, a joint and several surety.