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1. Defendant B shall pay 80,000,000 won to the Plaintiff and 20% per annum from October 8, 2013 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
A. In full view of the purport of the entire arguments in Gap evidence No. 1, the plaintiff lent KRW 80,000,000 to defendant B, and thereafter, the above defendant issued and delivered a power of attorney to recognize that the amount of the plaintiff's loan was KRW 80,000,000 on August 8, 2013.
Therefore, Defendant B served the original copy of the instant payment order on October 8, 2013 on September 27, 2013, which was the day following the service of the instant payment order to Defendant C and D, as the Plaintiff sought, on the Plaintiff’s loan amounting to KRW 80,00,000,000, and as the Plaintiff seeks, but the service was not made due to the Plaintiff’s unknown director. After that, Defendant B became aware of the Plaintiff’s application for the instant payment order and delegated the Plaintiff’s litigation to the Defendant’s legal representative on October 4, 2013, and the delegation letter of the Defendant’s legal representative was received at this court on October 7, 2013. In light of these circumstances, the original copy of the instant payment order can be deemed to have been served on the Defendant B when the delegation letter of the litigation by the Defendant legal representative was received at this court.
The obligation to pay damages for delay at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the date of full payment to the date of full payment.
B. As to this, Defendant B borrowed KRW 100,000,000 from the Plaintiff and used it as the payment for the work, and paid KRW 20,000,000,000, the remainder of KRW 80,000,000, which the Defendant agreed with the Plaintiff to repay when it is ordered to the next construction work. As long as the Defendant did not yet receive the construction work, it cannot be accepted the Plaintiff’s claim because the payment period for KRW 80,00,00 has not yet arrived. However, there is no evidence to acknowledge the above Defendant’s assertion, and thus, the above Defendant’s assertion is rejected.
2. Determination as to the claim against Defendant C and D
A. The Plaintiff’s assertion B on August 8, 2013.