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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 245,000,000 and Defendant Mountain integrated Construction Co., Ltd. on the said basis.
Reasons
1. Facts of recognition;
A. On July 15, 2013, the Plaintiff paid KRW 245,000,000 as the price for the new construction project in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Defendant Company”).
Defendant B, on the same day, prepared and executed a joint and several guarantee undertaking for KRW 245,00,000, which the Defendant Company received, to the Plaintiff.
B. On October 31, 2013, Defendant Company prepared a written confirmation to the Plaintiff that “The payment of KRW 245,000,000,000, which was received as a result of the waiver of construction work, shall be made in installments three times until December 16, 2013.”
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of construction cost of KRW 245,000,000 and damages for delay calculated by the rate of 20% per annum from December 20, 2014, which is the day following the delivery of a copy of the complaint of this case, and Defendant B, from April 19, 2014 to the day of full payment, to the day of full payment.
B. Accordingly, the Defendant Company asserted that “The Defendant Company has a duty to pay only the remainder of KRW 73,00,000 to the Plaintiff since it lent or paid KRW 172,00,000 to Defendant B,” but the grounds alleged by the Defendant Company are merely an internal-share relationship between the Defendants, and thus, the Defendant Company, the primary debtor, cannot oppose the Plaintiff.
Therefore, the above argument of the defendant company is without merit to further examine.
3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.