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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 34,829,50 and the interest rate thereon from February 22, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company aimed at gas equipment and water supply equipment business. Defendant A (hereinafter “A”) is a company with the purpose of mechanical equipment construction business, etc., and Defendant B is the representative of Defendant A.
B. So-called “Seung-gu Office Officetel Co., Ltd.” (hereinafter “instant Officetel”) contracted a new construction to E&C General Construction Co., Ltd., and the E&C Construction Co., Ltd subcontracted the machinery and equipment construction among the above construction to Defendant A.
C. On October 22, 2012, the Plaintiff paid sewage to Defendant A for the construction period of urban gas works (hereinafter “instant construction”) from October 22, 2012 to December 10, 2012, with the construction cost of KRW 62,529,500 (including value-added tax). Thereafter, the Plaintiff received the additional construction amounting to KRW 10,300,000 on March 2013.
After that, the Plaintiff completed the instant construction project, including additional construction works.
The Plaintiff received KRW 20,000,000 from the Defendant on July 29, 2013. Under such circumstances, Defendant B, on November 26, 2013, deposited KRW 53,000,000 of the instant construction cost to the Plaintiff until November 30, 2013, and issued a certificate of borrowing (hereinafter “the instant loan certificate”) to verify that deposit KRW 38,00,000,000 to the Plaintiff by December 30, 2013.
E. The Plaintiff received KRW 18,00,000,000 from Defendant A on December 2, 2013, and KRW 5,000,000 on January 13, 2014, and KRW 18,00,000 on January 29, 2014.
[Basis] Facts without dispute, Gap's statements in Gap's 1, 2, 3, 8 through 11, 14, and 15 (including paper numbers), Gap's images in Gap's 4 through 7, 12, and 13 (including paper numbers), witness D's testimony and the purport of the whole pleadings
2. Determination as to the cause of claim
A. The Plaintiff’s assertion (i.e., the construction cost of the instant case was determined and supplied by the Defendant as KRW 62,529,500, and thereafter the construction cost was KRW 10,300,000.