Text
1. The Defendants amounting to KRW 95,000,000 for each Plaintiff and KRW 20% per annum from April 26, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. On March 4, 2010, the Plaintiff and Defendant B entered into a subcontract for the “E Improvement Project” located in Cheongju-si from Cheongju-si Construction Co., Ltd. (hereinafter “E-do Construction”) and jointly sustained losses.
B. Defendant B decided to share KRW 95,000,000 out of the amount of loss on October 22, 2012.
Therefore, on October 22, 2012, the Defendants paid KRW 95,000,00 to the Plaintiff by October 31, 2013, as indicated in the attached Form of Payment, as indicated in the Plaintiff’s letter of payment, and Defendant C guaranteed the Plaintiff’s obligation to pay the said money to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the Plaintiff’s claim, the Defendants are obligated to pay to each Plaintiff 95,00,000 won and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the last delivery date of a copy of the instant complaint, from April 26, 2014 to the day of complete payment, as the Plaintiff seeks.
B. The Defendant’s defense, etc. 1) The gist of the Defendant’s assertion is as follows: (a) the Plaintiff presented to the Defendant B a statement of accounts over 30 times regarding the “E Improvement Project”; (b) the amount is different and the evidence was not properly attached, and thus, did not reach an agreement.
B. Around October 2012, the Plaintiff continued to subcontract a new construction project to Defendant B in erodo comprehensive construction, and prepared a formal settlement statement, and Defendant B believed that the specifications presented by the Plaintiff were genuine, and affixed a seal to the settlement statement.
However, there was no basis for the interest on the above statement of accounts, and the input fee was not sufficient in front and rear.
On the other hand, the gas station fee shall be appropriated to pay KRW 83,272,727 to the F station, and the gas station shall be separately appropriated to pay KRW 32,00 at the bottom of the detailed statement.