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1. Defendant C’s KRW 34,00,000 and the Plaintiff’s annual amount from March 31, 2016 to May 18, 2016, and the following.
Reasons
1. Basic facts
A. around September 2015, Defendant B contracted Defendant C with the construction cost of KRW 320 million for the construction work of the new construction work of the D-ground detached housing in the old-si Seoul Special Metropolitan City.
B. On September 22, 2015, Defendant C subcontracted to the Plaintiff the 15 billion won construction cost of the structural frame and the foundation of the said new construction works.
[Reasons for Recognition] Evidence No. 1-1, Evidence No. 2-2, and the purport of the whole pleadings
2. According to the evidence evidence No. 2 as to the claim against Defendant C, Defendant C is obligated to pay the Plaintiff the said subcontract price of KRW 34 million by March 30, 2016, with the Plaintiff on February 24, 2016. As such, Defendant C is obligated to pay the Plaintiff damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from March 31, 2016 to May 18, 2016, and from the following day to the date of full payment, 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the following day to the date of full payment.
3. As to the claim against the defendant B
A. The Plaintiff asserts that, on January 15, 2016, Defendant B agreed to directly pay the Plaintiff KRW 30 million out of the construction price by February 5, 2016. (2) The Plaintiff asserts that, on January 15, 2016, Defendant B guaranteed the Plaintiff’s obligation to pay the construction price of KRW 30 million.
B. Judgment 1
A. As to the allegation in paragraph (1) 1, it is insufficient to acknowledge that the written evidence Nos. 3 and 4 alone agreed to pay the above KRW 30 million directly to the Plaintiff, and there is no other evidence to acknowledge otherwise. 2)
A. In order to recognize the establishment of a guarantee agreement with respect to the claim 2, there must be, as a matter of course, the intent of the guarantor’s guarantee, and the existence of such guarantee intent shall be the motive, circumstance, the form and content of the involvement of the parties in the transaction, the purpose of the parties’ transaction, and transaction practices.