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1. The Plaintiff:
A. Defendant B’s KRW 353,800,000 per annum from January 1, 2019 to July 10, 2020; and
Reasons
1. Determination as to the claim against the defendant B
A. According to Gap evidence No. 1-4 of the judgment on the claim amounting to KRW 353,800,000, based on the trade name of G on April 10, 2018, the Plaintiff entered into a contract for the construction of exhibition hall related to “H” (hereinafter “instant contract for construction”) with Defendant B, who is engaged in the business, such as tegrative construction, with the trade name of G, as KRW 1,264,00,000 (excluding value-added tax), and on September 1, 2018, Defendant B entered into an agreement with the Plaintiff to pay KRW 356,80,000 to the Plaintiff on December 31, 2018.
Therefore, according to the above agreement, Defendant B is obligated to pay the remaining KRW 353,80,000 after deducting KRW 3,000,000,000 from the Plaintiff who was paid to the Plaintiff at KRW 356,80,000, and damages for delay.
B. As to the claim amounting to KRW 175,753,558, the Plaintiff asserts that Defendant B is liable to pay KRW 175,753,558, which the Defendant Company failed to pay to the Plaintiff as joint and several surety, as the Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant Company”) jointly and severally guaranteed the Defendant Company’s liability for additional construction contract concluded on August 24, 2018 (excluding construction cost of KRW 210,00,000 and value-added tax).
According to Gap evidence No. 2-1, Aug. 24, 2018, the plaintiff and the defendant company agreed to guarantee the defendant company's obligation at the time of entering into an additional construction contract by setting the construction cost of KRW 210,00,000 (excluding value-added tax) in relation to additional construction works related to the instant construction contract, but it is recognized that the defendant Eul agreed to guarantee the obligation of the defendant company at the time of entering into an additional construction contract, and it can be recognized that the plaintiff and the defendant Eul terminated the above joint and several guarantee agreement or the plaintiff agreed to exempt the defendant Eul's joint and several liability obligations, taking into account the whole purport of the arguments in each statement No. 1-2, No. 1-2, 2018.
As to this, the Plaintiff.