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1. The Plaintiff:
A. The Defendants are jointly and severally liable for 177,260,000 won and the Defendants shall be jointly and severally liable for 177,260,000 won from December 31, 2015 to January 16, 2019.
Reasons
1. Fact-finding;
A. A. Around September 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a contract with the Plaintiff on September 17, 2015 to designate the construction period from September 17, 2015 to October 16, 2015 as construction cost of KRW 238,700,000 (hereinafter “instant contract”).
B. On November 20, 2015, the Defendant Company issued and delivered a letter of commitment performance with respect to the instant construction cost (hereinafter “instant letter”) to the Plaintiff, as follows, and Defendant C and D signed it as joint and several sureties.
I agree to pay KRW 12,9160,000,000 until November 25, 2015, the remaining amount, among the proceeds of Daegu Model Epis and Rgsium construction works, by November 25, 2015, KRW 12,9160,000 until December 30, 2015, KRW 6,81,00,000 until December 30, 2015, KRW 227,260,240,00.
C. The Defendant Company paid KRW 10 million to the Plaintiff on the day of the preparation of the instant written statement to the Plaintiff.
[Ground of recognition] The fact that there is no dispute, Gap evidence 3, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Determination
A. (i) As to the claim for construction cost under each of the instant contracts, the Plaintiff asserts that the Defendants claim for the amount of KRW 217,260,240 (i.e., the amount less than KRW 227,260,240,240 (i.e., KRW 10,000) that the Plaintiff shall pay to the Defendant Company, out of the costs of arranging the construction work that the Plaintiff would pay to the Defendant Company (as the Defendant Company arranged and introduced the portion of the construction work out of the F construction work on November 2015, the amount agreed by the Plaintiff to the Defendant Company), set off the remainder of KRW 177,260,000 (the Plaintiff claimed an amount less than KRW 1,000), and damages for delay.
Therefore, according to the above facts, the defendants are jointly and severally liable to the plaintiff according to the letter of this case.