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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 22,045,00 and the interest rate thereon from November 24, 2013 to the date of full payment.
Reasons
Basic Facts
On September 15, 2012, the Plaintiff was subcontracted to KRW 66,440,00 as the price for the D Legal Area Readjustment Project (hereinafter “instant Corporation”) from C Co., Ltd. (hereinafter “Nonindicted Company”) for KRW 66,40,00.
At the time of the above subcontract, Defendant A was the representative director of the non-party company, and Defendant B was the shareholder of the non-party company.
Since then, the Plaintiff intended to discontinue the above construction work due to the difficulties in managing the Nonparty Company’s business, but Defendant B requested the Plaintiff to “I will be individually responsible for the construction work,” and the Plaintiff continued to accept it and continue the construction work.
The Plaintiff completed the above construction work on October 30, 2012, and only KRW 44,395,000 out of the construction price was paid by the Nonparty Company.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings.
Judgment
According to the above facts of recognition, the Defendants agreed to pay the Plaintiff the obligation to the Plaintiff individually. Thus, the Defendants are jointly and severally liable to pay the Plaintiff the amount of the construction cost of KRW 22,045,00 to the Plaintiff and the damages for delay calculated at the rate of 20% per annum from November 24, 2013 to the date of full payment, which is the day following the day when the instant complaint was served to the Defendants.
In this regard, Defendant A asserted that “A (Defendant A) was a monthly employee of C who was subcontracted the instant construction work, but only he/she was in charge of the representative director due to the absence of E, who was the representative director, and there was no promise to pay the Plaintiff the construction cost on the ground that he/she was not obligated to pay the Plaintiff the construction cost.”
However, the following circumstances acknowledged by the above evidence are met.