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The Defendants shall jointly and severally pay to the Plaintiff KRW 25,00,000 as well as 12% per annum from September 16, 2020 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 of the judgment as to the claim for joint payment against the Defendants, the Plaintiff, who is engaged in interior fishing with the trade name of D, completed the construction work upon request of the Defendant Company B (hereinafter “Defendant Company”) on or around June 22, 2019. The Defendant Company and the Defendant C, on June 22, 2019, prepared a letter of performance that the Plaintiff shall pay KRW 25,000,000 to the Plaintiff by September 31, 2019. On June 27, 2019, the said letter of performance, a notary public, etc. prepared a authentic deed under No. 5577, a notary public, including Law Firm E, etc., as to the said letter of performance.
According to the above facts of recognition, the defendants are jointly and severally liable to pay the plaintiff the above construction cost of KRW 25,00,000 and the amount calculated by the rate of 12% per annum from September 16, 2020 to the date of full payment, which is the following day after the copy of the complaint of this case was served on the defendants.
B. On September 9, 2019, the Plaintiff’s judgment as to the claim against the Defendant Company completed the construction by being awarded a contract for the improvement of the interior of the FF Bank Cancer Branch by the Defendant Company, and claiming payment of KRW 17,380,000 to the Defendant Company, the Defendant Company is making a confession.
Therefore, the Defendant Company is obligated to pay to the Plaintiff the said construction cost of KRW 17,380,00 and the amount calculated by the rate of 12% per annum from March 28, 2020 to the date of full payment, which is the following day after the copy of the instant complaint was served on the said Defendant.
2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.