beta
Text
1. The Defendants jointly and severally liable to the Plaintiff KRW 199,759,000 and as to the Plaintiff:
A. Defendant B: (a) from September 11, 2015 to September 2015.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff: (a) executed retaining walls and civil engineering additional construction works among the 16-households (Adong and Dong Dong) construction projects for multi-households (hereinafter “instant construction”); (b) Defendant B, on May 21, 2014, leased by the Plaintiff to the Plaintiff in relation to the said multi-households construction; (c) the sum of interest and field admission expenses to be borne by the Plaintiff in return for the said multi-households construction; and (d) KRW 43,259,000, ③ KRW 13,000,000, and KRW 199,759,000,000, and KRW 133,000,000, the retaining walls and additional civil construction expenses; and (e) the Plaintiff prepared each document (Evidence No. 1) that the Plaintiff would give priority to the above multi-households construction loans and the sales amount; and (e) Defendant C did not have any dispute between the Plaintiff and the Plaintiff and each of the aforementioned parties’ respective arguments that the said amount would be jointly paid.
B. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 199,759,000 as well as KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 11, 2015 to September 30, 2015, which is the day following the delivery of a copy of the instant complaint sought by the Plaintiff, to September 30, 2015, and KRW 15% per annum under the aforesaid Act from the next day to the day of complete payment, and Defendant C is obligated to pay the amount from November 3, 2016 to the day after the delivery of a copy of the instant complaint to the day of full payment.
The Plaintiff claimed damages for delay at the rate of 20% per annum from the day following the delivery of the duplicate of the instant complaint to the day of complete payment. However, the “Provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings” amended by 15% as of September 25, 2015, and thereafter from October 1, 2015.