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1. The Defendant: (a) KRW 214,50,000 for the Plaintiff and KRW 20% per annum from March 5, 2015 to September 30, 2015; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 21, 2011, the Plaintiff agreed to accept the instant construction project from among the E companies located in Si/Gunsan-si and D (hereinafter “instant construction”) with the construction cost of KRW 2.9 million, and completed the instant construction project around November 201, by determining the construction cost of the E companies located in Gunsan-si and D (hereinafter “instant construction”).
B. On September 2013, the Plaintiff was issued a written confirmation of the construction cost not to pay KRW 214.5 million among the construction cost of the instant case, stating that “I confirm that I would not pay KRW 214.5 million out of the construction cost of the instant case,” from the General Case Construction in the Dispute Settlement Bank Co., Ltd. (hereinafter “instant confirmation document”).
C. Around June 2011, the Defendant prepared and delivered to the Plaintiff a letter of undertaking stating that “I will undertake the payment of the instant construction cost to the Plaintiff without any relationship with the Plaintiff after the date of the gold,” (Evidence A No. 4; hereinafter “instant letter of undertaking”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant, as a joint and several surety for the instant obligation for the construction cost, is obligated to pay the Plaintiff the unpaid construction cost of KRW 214.5 million and the payment order of this case from March 5, 2015 to September 30, 2015, 20% per annum from March 5, 2015 to September 30, 2015; 15% per annum from the next day to the day of full payment; and damages for delay at the rate prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
(However, as the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was promulgated on September 25, 2015 and enforced on October 1, 2015, the part on the claim for damages exceeding 15% per annum from October 1, 2015 to the date of full payment out of the plaintiff's claim is dismissed.