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1. The Defendants jointly and severally committed against the Plaintiff KRW 300,517,916 and Defendant A Co., Ltd. with respect thereto from January 31, 2017.
Reasons
1. Basic facts
A. The Plaintiff was awarded a subcontract for interior works at the construction site, such as Kug-gu, Kug-gu C, etc. (hereinafter “instant construction works”) from Defendant A and continued the instant construction works.
B. On May 26, 2016, Defendant B, the representative director of Defendant A, prepared a payment memorandum that Defendant A and Defendant B shall pay KRW 300,517,916 to the Plaintiff by January 30, 2017 (hereinafter “instant payment note”), and deliver it to the Plaintiff.
However, the letter of payment in this case does not place the corporate seal of Defendant A and only signed by Defendant B.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. Determination on the cause of the claim
A. As to the instant construction project, Defendant A’s unpaid construction price of KRW 300,517,916 is KRW 300,517,916, and Defendant A and Defendant B prepared and delivered the instant payment note that Defendant B shall pay the Plaintiff the unpaid construction price of KRW 300,517,916 to the Plaintiff by January 30, 2017. As seen earlier, Defendant B is the representative director of Defendant A, and both Defendant A and Defendant B are indicated in the instant payment note without distinguishing special status. In light of the above, it is reasonable to deem that the Defendants are jointly and severally liable for the unpaid construction price of KRW 300,517,916 to the Plaintiff.
B. Therefore, the Defendants jointly and severally agreed on KRW 300,517,916 to the Plaintiff, as well as Defendant A’s appeal as to the existence and scope of the obligation to perform from January 31, 2017 following the due date specified in the instant payment note, to August 30, 2018, the sentencing date of this case, 6% per annum as stipulated in the Commercial Act, 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following date to the date of full payment, and Defendant B shall pay back as requested by the Plaintiff from March 28, 2017, as requested by the Plaintiff after the due date specified in the instant payment note.