beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 114,00,000 and 5% per annum from July 1, 2013 to January 2, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff’s ASEAN supplied ready-mixeds to Defendant B at the request of Defendant B while working as a business employee from January 2012 to January 2013, 2013, the Plaintiff supplied ready-mixeds at the site of the G Urban Residential Housing Construction Work at the Gunsan City, which contracted to Defendant F under his spouse’s name.
B. After preparing the loan certificate and confirmation document of this case, D sought payment of KRW 214,00,000 for ready-mixed with the finding of the Defendants, and Defendant B paid KRW 95,00,000 for ready-mixed with D on February 22, 2013.
D Around February 25, 2013, the Defendants’ husband and wife notified the Plaintiff of the issuance of the oral loan to the effect that “The Plaintiff would have transferred the back payment of the ready-mixed price to the Plaintiff.” Around that time, the Defendant C received the letter of confirmation confirming that the borrower would repay KRW 80,000,000 to the Plaintiff by June 30, 2013 and the lender would pay KRW 34,00,000 to the Plaintiff by June 30, 2013 (hereinafter “the instant loan certificate”), and on April 30, 2014, the letter of confirmation confirming that the amount of ready-mixed remains at KRW 114,00,000 (hereinafter “the instant loan certificate”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 4, the purport of the whole pleadings
2. Determination on the cause of the claim
A. Comprehensively taking into account the following circumstances, which are acknowledged based on the above evidence of claim against Defendant B and the purport of the entire pleadings in the facts of recognition, namely, D and Defendant B’s request for the supply of tracon between high school line and Defendant B’s request for the supply of tracon, the Defendants’ construction site is in the name of Defendant C, but the actual manager is Defendant B, Defendant B paid part of the payment, Defendant C’s payment, and Defendant C written a letter of loan rather than a certificate of confirmation or a letter of payment.