beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 60,500,000 and the Defendants to Defendant A Co., Ltd. from September 10, 2014.
Reasons
1. Basic facts
A. On July 9, 2014, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) to pay the construction cost of KRW 55,00,000 (excluding value-added tax) for the instant construction works, from July 14, 2014 to August 14, 2014, and the construction cost of the instant construction works within one month after the completion of construction.
B. On July 28, 2014, the Plaintiff: (a) issued a payment guarantee (hereinafter “instant payment guarantee”) stating that Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C jointly pay the said amount to the Plaintiff within 40 days after the completion of the construction work (including value-added tax); and (b) demanded Defendant C, who is the head of Defendant B’s site office, to affix a signature and seal to the Plaintiff; (c) Defendant C affixed a corporate seal to Defendant B; and (d) written and signed his name in Defendant C.
C. On July 29, 2014, Defendant B sent the employee identification card to the Plaintiff by mail on July 28, 2014, stating that “The said seal impression will be used in the contract with the personal seal impression used by him/her, and all legal responsibilities arising from the use of the said seal imprint will be fulfilled by him/her, and the employee identification system will be submitted.”
The Plaintiff completed the instant construction work on July 31, 2014.
[Ground for Recognition] Defendant A: The judgment rendered as a confession (Article 208(3)2 of the Civil Procedure Act); Defendant B; and C: The absence of dispute; entries in the evidence Nos. 3 through 13; and the purport of the whole pleadings
2. Determination as to the claim against Defendant A
A. On July 9, 2014, the Plaintiff’s claim details: (a) the construction cost of KRW 60,500,000 for Defendant A and the instant construction work (including value-added tax); (b) the construction period from July 14, 2014 to August 14, 2014; and (c) the construction cost was completed.