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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 135,800,000 and the interest rate thereon from March 6, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On April 29, 2010, the Defendant Incorporated Association (hereinafter “Defendant Incorporated”) concluded a contract with the Plaintiff for construction works for installing gas pumps and air conditioners (including additional tax) at the cost, from April 30, 201 to May 30, 201, with the construction period fixed from April 30, 201 to May 30, 201. On May 29, 201, the construction period was changed from April 30, 201 to KRW 51,500,000 (including additional tax) and from December 31, 2012.
B. On June 8, 2012, the Defendant corporation prepared a letter of commitment to pay the price to the Defendant corporation by August 30, 2012 as it did not pay the construction price even after the Plaintiff completed the said construction, and Defendant B jointly and severally guaranteed it.
C. The Defendant Corporation paid the Plaintiff KRW 375,77 million in total from May 31, 2010 to January 21, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 6, the purport of whole pleadings
2. The parties' assertion
A. The plaintiff asserts that since the construction is completed in accordance with the above contract, the defendants are obligated to pay to the plaintiff the unpaid construction cost of KRW 135.8 million ( KRW 51.5 million-377 billion).
B. As to this, the Defendants stated in the above contract that the balance shall be paid six months after the date of the trial run. However, the Defendants asserted that the Plaintiff did not yet undergo the trial run procedure, and that the time to pay the balance has not yet arrived. In addition, even though the Plaintiff intended to install a new product heating and cooling system as stated in the Kathrog (Evidence B) presented by the Plaintiff under the above contract, the Defendant corporation failed to repair because part of the air cooling and cooling equipment installed by the Plaintiff was not broken down, and the Defendant did not repair it due to the lack of any part of the air cooling equipment installed by the Plaintiff. Accordingly, the Plaintiff’s side theft of the outer part.