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1. The Plaintiff:
A. Defendant B Co., Ltd. is jointly with C, D, and E and shall be jointly with the Plaintiff.
4. The money stated in the subsection 4.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as a whole, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) on May 21, 2012 to contract the price of F School Camp at KRW 44 million at the time of leisure in South and North Korea. The Plaintiff entered into a subcontract with Defendant C around that time, and the Plaintiff was performing the said construction. Defendant C entered into a contract with Defendant C on July 11, 2012; Defendant C entered into a written payment statement with the purport that “I will confirm the unpaid construction cost and pay the unpaid construction cost at a prompt time.” Defendant D signed as a joint and several surety; Defendant C signed as a joint and several surety; Defendant C signed as the above payment statement to the effect that it would pay the above labor cost of KRW 60 million to the Plaintiff on July 28, 2012.
B. According to the facts of recognition as to the claim against Defendant C and D, Defendant C is a subcontractor, and Defendant D is jointly and severally liable to pay to the Plaintiff 60 million won and damages for delay calculated at the rate of 60% per annum under the Commercial Act from July 12, 2012 to September 19, 2015, the delivery date of a copy of the complaint of this case, from July 12, 2012, which is the day following the date of delivery of the copy of the complaint of this case, to September 19, 2015, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
(Plaintiff filed a claim for the payment of damages for delay starting from May 21, 2012, but there is no evidence to prove that the Plaintiff completed the construction on the above date, and on the other hand, the Plaintiff appears to have completed the construction on July 11, 2012 as of the date of preparation of a written statement of payment as of July 11, 2012. Thus, the part on the period from July 11, 2012 of the Plaintiff’s claim on the damages for delay is without merit).
According to the above facts of recognition as to the claim against Defendant E, Defendant E shall make a letter of payment as of July 28, 2012.