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1. The Defendants are jointly and severally liable to the Plaintiff for 89,562,00 won and 5% per annum from March 12, 2015 to May 27, 2016.
Reasons
1. Basic facts
A. On June 26, 2014, Defendant A Co., Ltd. (hereinafter “Defendant A”) (hereinafter “Defendant A”) entered into a contract with Defendant A, a corporation, the purpose of which is to engage in Rotterdam fishing, to implement the instant construction work by setting the construction cost of KRW 495,00,00,00, and from July 15, 2014 to September 30, 2014, under which the contract was concluded to pay compensation for delay calculated by multiplying the amount equivalent to 3/1000 of the construction cost by the number of delayed payment in the event that the instant construction work is not completed within the construction period.
B. At the time of the conclusion of the above contract, Defendant B and C as the representative director or the person concerned of Defendant A, and as the joint and several liability of Defendant A for all obligations under the above contract.
C. On December 19, 2014, the Plaintiff, a corporation, the purpose of which is to operate a museum, entered into a contract with the Plaintiff to take over all the rights and obligations regarding the museum of this case, and subsequently succeeded to the status of the contractor under the above contract with the Defendants under the consent of the Defendants, and agreed to extend the construction period to January 25, 2015, among the terms and conditions of the above contract with the Defendants, and to increase the construction amount to KRW 649,00,000.
Defendant A completed the instant construction work on March 11, 2015.
【In the absence of dispute over the grounds for recognition, Gap’s evidence 1, Gap’s evidence 2, Gap’s evidence 5 through 7, Gap’s evidence 9 (each omitted of provisional number), and the purport of the whole pleadings
2. According to the above facts of recognition, the Defendants jointly and severally filed an order for delay payment = KRW 89,562,00 for the period from January 26, 2015 to March 11, 2015, the date following the date of completion of the instant construction, which was the date of completion of the construction as above, to the Plaintiff, = 649.