Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 96,50,000 and Defendant A with respect thereto from July 20, 2017, and Defendant B.
Reasons
1. Basic facts
A. In around 2014, the Plaintiff was awarded a subcontract for the alteration of the use of the first floor of the E building from Nonparty D (hereinafter “D”).
B. On February 16, 2015, D agreed with the Plaintiff to pay the construction cost in installments during March 2015, upon the agreement between the Plaintiff and the Plaintiff as KRW 236.5 million. Defendant A and Defendant B jointly and severally guaranteed the said construction cost obligation.
C. D did not pay the above construction cost, the Plaintiff filed a lawsuit against D, Defendant A, and Defendant B (Seoul Western District Court 2015Gahap32288, Seoul Western District Court 2015). On May 13, 2015, the Plaintiff received KRW 100 million as part of the construction cost from D, and agreed to the effect that the remaining construction cost shall be determined as KRW 96.5 million, and then withdrawn the said lawsuit.
Defendant C has jointly and severally guaranteed the above construction cost obligation of Defendant C.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including paper numbers), the purport of the whole pleadings
2. According to the facts of the above recognition, the Defendants are joint and several guarantors for the obligation to pay the construction cost to the Plaintiff, and they are jointly and severally liable to pay the Plaintiff the amount of KRW 96.5 million and the following day after the delivery of a copy of the complaint of this case filed by the Plaintiff against the Plaintiff. Defendant A is jointly and severally liable to pay the Plaintiff 15% interest per annum from July 20, 2017, Defendant B from November 17, 2017, and Defendant C from July 8, 2017 to the day of full payment.
3. If so, the plaintiff's claim against the defendants is accepted in its reasoning, and it is so decided as per Disposition.