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1. The Defendants jointly and severally agreed to the Plaintiff KRW 320,042,250 and Defendant A Co., Ltd. from September 12, 2014.
Reasons
1. Presumed factual basis
A. On May 24, 2011, the Plaintiff concluded a contract for the supply of goods and construction of the instant construction work with Defendant A Co., Ltd. (hereinafter “Defendant A”) by setting the construction period from May 201 to May 201 with respect to the instant construction work for the ground ecological axis block (hereinafter “instant construction work”).
B. Around May 28, 2011, the Plaintiff commenced the instant construction and completed the said construction around November 26, 2011.
C. On August 21, 2012, Defendant A issued to the Plaintiff a written confirmation of the balance that “The instant construction cost is KRW 320,042,250, and grants the Plaintiff the Gangwon-do Forest in lieu of the construction cost.”
On December 24, 2013, Defendant B, the representative director of Defendant A, issued to the Plaintiff a certificate of payment of the construction cost, stating that “Defendant B shall pay KRW 320,042,250 to the Plaintiff at an early date.” As a joint and several guarantee for Defendant A’s obligation to pay the construction cost to the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap 1 through 5 (including virtual numbers), the purport of the whole pleadings
2. The assertion and judgment
A. As seen earlier, the Plaintiff’s claim for the construction cost in this case against Defendant A was 320,042,250 won, and the Defendant B prepared and delivered a certificate of payment for the construction cost that he would pay the said construction cost to the Plaintiff. Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 6, 2014 to the date following the delivery of a copy of the complaint in this case, barring any special circumstance. Thus, the Defendants are jointly and severally obligated to pay to the Plaintiff damages for delay calculated at the rate of 320,042,250 per annum as requested by the Plaintiff.