1. The Defendants jointly do not pay to the Plaintiff KRW 39,300,000 and the interest rate thereon from January 19, 2016 to the date of full payment.

1. Determination on the cause of the claim and the defense

A. The fact that there is no dispute, and according to the overall purport of Gap evidence Nos. 1 through 3 and the arguments, the defendants issued one promissory note with the face value of KRW 109,300,000 to the plaintiff on August 9, 2013, and the due date of April 30, 2014, and the defendant A Co., Ltd. (hereinafter "Defendant Co., Ltd.") paid the plaintiff KRW 1 million to the plaintiff on seven occasions from May 2, 2014 to September 25, 2015.

B. According to the above facts, the Defendants are jointly obligated to pay to the Plaintiff the balance of promissory notes 39,300,000 won and damages for delay calculated at the rate of 15% per annum from January 19, 2016 to the day of complete payment, as sought by the Plaintiff, from the day following the delivery of the duplicate of the instant complaint, to the day of complete payment.

C. As to this, the Defendants asserted to the effect that the amount equivalent to the above amount the Defendant Company owns against the Plaintiff is offset against the amount equal to the Plaintiff’s promissory note payment claim on the ground that the defect occurred in the part subcontracted to the Plaintiff among the “D New Construction Works” (the part related to the pipe facilities of the same boiler), and the defect repair is completed by paying KRW 3,080,000 from the Defendant Company.

However, the evidence presented by the Defendants alone is insufficient to view the Defendant Company as holding the above opposing claim against the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the defendants' defense cannot be accepted.

2. If so, the plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition.