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1. The Defendants are jointly and severally liable to the Plaintiffs for 33,649,780 won and each year from January 8, 2014 to April 8, 2014.
Reasons
The following facts may be acknowledged in full view of the testimony and overall purport of the arguments of Gap, Eul, and E:
Defendant D is the owner of G kindergarten located in F in terms of harmony, and Defendant C, the wife, is the operator of the above kindergarten, around October 2013, the Defendants agreed to jointly and severally pay the remainder of the payment already paid in the amount of KRW 364,00,000, among the new establishment of the above kindergarten that the Plaintiffs agreed to pay the amount of KRW 364,00,000, among the new establishment of the above kindergarten.
The Plaintiffs completed both the structural construction works and the supplementary civil construction works by November 15, 2013, and were not paid KRW 33,649,780 out of the price.
The Plaintiffs on January 2, 2014
1. 7. A total of KRW 10 million was paid by the Defendants.
Therefore, barring any special circumstance, the Defendants are jointly and severally obligated to pay to the Plaintiffs 3,649,780 won and damages for delay at each rate of 6% per annum under the Commercial Act from January 8, 2014 to April 8, 2014, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the full payment date.
As to this, the Defendants asserted the following.
The aforementioned new construction was suspended while Moben Construction Co., Ltd. lent a license to Moben Construction Co., Ltd., and the Defendants were called the head of Moben Construction and the site office, and the total construction cost on Dec. 10, 2013, which was called Moben Construction and the site office, shall be 1.2 billion won, and the total construction cost on Dec. 10, 2013, E recognized the construction cost performed by Moben Construction as 90 million, and E agreed to be responsible for and completed the rest of the construction work at the request of E.
Since the Defendants paid all the above construction cost agreed upon to E, the construction cost to be paid to the Plaintiffs remains no longer.
In addition, according to the contents of the construction cost executed by E, the construction cost paid to the plaintiffs is KRW 387,128,989, so this is also the same in light of this point.
As seen earlier, the Defendants were not paid the Plaintiffs.