1. Defendant B shall pay to the Plaintiff KRW 203,00,000 and the interest rate of KRW 15% per annum from August 1, 2018 to the date of full payment.

Basic Facts

On December 22, 2011, the Plaintiff was awarded a subcontract for the construction of an officetel located in E racing from D Co., Ltd. (hereinafter “instant construction”).

The Plaintiff continued the instant construction work from December 24, 201 to February 201, 201.

Around May 2014, the Defendants drafted a note of payment to the Plaintiff that “The Defendant promised to assume and reimburse KRW 203,000,000 as the construction cost incurred from the instant construction work by July 18, 2014 (hereinafter “instant payment note”).” (The Defendants drafted a note of payment to the Plaintiff (hereinafter “instant payment note”).

Defendant B was convicted on the criminal facts, etc. that “the Plaintiff and the instant construction executor had prepared a written agreement to waive the construction work at the time of concluding the subcontract for the instant construction work, and the Plaintiff had, even if the construction work was not submitted, the intention or ability to pay the construction work amount was not available, the Defendant was found guilty on the ground that “the Plaintiff and the instant construction executor had the Plaintiff perform the construction work equivalent to KRW 258,837,862,” and the said judgment became final and conclusive.

(In Incheon District Court Decision 2015Da6375, 2016No3283, Supreme Court Decision 2017Do763). 【No dispute exists as a ground for recognition,” the respective entries in subparagraphs 1 through 5, and the purport of the entire pleadings, the Defendants agreed to pay KRW 203,00,000 to the Plaintiff in the instant payment note.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 203,000,000 and damages for delay.

Defendant B, a joint tort, had the Plaintiff enter into the instant construction work by deceiving the Plaintiff even though he did not have the intent or ability to pay the construction cost, and had the Plaintiff make up for the instant payment note without the intent to pay the construction cost thereafter.

Defendant C’s joint and several liability with knowledge that Defendant B did not wish to pay money to the Plaintiff at the time of the preparation of the instant payment memorandum, thereby facilitating Defendant C’s tort.

Therefore, the Defendants are above.