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1. The defendant shall be jointly and severally with the court below's decision as to the plaintiff's successor's 191,928,000 won and its corresponding amount.
Reasons
1. Determination as to the cause of claim
(a) The following facts are recognized by the evidence No. 1 and evidence No. 1 (including each number for those with a serial number), or there is no dispute between the plaintiff's successor and the defendant.
1) On June 17, 2014, the Boak Construction Industry Co., Ltd. (formerly, Songdo Construction Co., Ltd.) subcontracted to the Plaintiff the construction contract amounting to KRW 240 million (excluding value-added tax) among the construction works of new land C Hospital in Jeon Chang-gun, Chungcheongnam-gun, the construction period from June 20, 2014 to August 31, 2014, respectively. The Defendant jointly and severally guaranteed the obligations of the Boak Construction Industry, Co., Ltd. under the said subcontract. (2) The period of the construction works executed by the Plaintiff under the said subcontract is KRW 191,928,000.
3) The Plaintiff’s succeeding intervenor, as a creditor against the Plaintiff, received two cases of “the amount that the Plaintiff would receive from the Defendant based on the instant judgment of the first instance and the judgment of appeal (including conciliation, reconciliation, and compulsory conciliation).” The Plaintiff’s succeeding intervenor, as a creditor against the Plaintiff, received two cases of “the amount that the Plaintiff would receive from the Defendant based on the instant judgment of the first instance and the judgment of appeal (including conciliation, reconciliation, and compulsory conciliation)” (the claim amounted to 246,952,80) and the claim amounted to 200,000,000 from the Gwangju District Court, Gwangju District Court, as the claim amounted to 40,
B. According to the above facts, the Defendant, as a joint and several surety for the Boan Construction Industry, is obligated to pay the Plaintiff’s succeeding intervenors the collection amounting to KRW 191,928,00 and damages for delay calculated at the rate of 15% per annum from December 21, 2017 to the date of full payment, as claimed by the Plaintiff’s succeeding intervenors, as the Plaintiff’s succeeding intervenors seek.
2. If so, the plaintiff's claim by the succeeding intervenor is reasonable, and it is so decided as per Disposition.