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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 31,485,709 and KRW 2,444,059 among them.
Reasons
1. Comprehensively taking account of the overall purport of arguments stated in Gap evidence 1 through 5 (including each number), the plaintiff was a person who engages in temporary lease business at 11, Ansan-do, 11, Namnam-ro, and the plaintiff entered into a contract with the defendant A on May 15, 2013 for the lease of temporary materials to be used at the D New Construction Site at the end of the following month. The defendant B and the defendant C jointly and severally agreed to pay the price by cash at the end of the following month. The defendant entered into the above temporary installation lease contract with the defendant A, 30, 490, 21, 490, 30, 490, 21, 30, 490, 348, 3460, 30, 360, 360, 20, 2313, 2013, 30, 194, 2013.
Meanwhile, the Plaintiff is a person who received reimbursement of KRW 62,211,758 from Defendant A, and KRW 125,970,00 from Postal Construction Co., Ltd. among the above goods. The said payment is appropriated for the repayment of KRW 183,330,943 among the goods price of May 8, 2013 and KRW 4,850,815 among the goods price of December 31, 2013 from May 8, 2013 to November 30, 2013, and the said goods price liability remains for KRW 2,44,059 among the goods price of December 31, 2013, and KRW 29,041,650 among the goods price of KRW 2,44,059 among the goods price of December 31, 2013.
Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 31,485,709 (=2,44,059 KRW 29,041,650) and KRW 2,44,059, which is the day following the due date for repayment, to the Plaintiff from February 1, 2014, KRW 29,041,650, which is the day following the due date for repayment, a dispute over the scope of each Defendants’ performance obligation from March 1, 2014 until May 28, 2015, which is the date of the instant sentencing, and KRW 6% per annum under the Commercial Act until May 28, 2015, and damages for delay calculated at 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the date of full payment.
2. Determination on Defendant B’s defense