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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 34,300,00 and 5% per annum from July 11, 2019 to August 8, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person engaged in steel framed business, etc. with the trade name of D, and Defendant C is a person who was appointed as the representative of Defendant B Co., Ltd. (hereinafter “Defendant B”) on May 24, 2019, and Defendant B is a company engaged in industrial plant manufacturing and installing business.
B. around March 2019, Defendant B contracted the construction of a new G hotel with F Co., Ltd. (hereinafter “F”) from the Daegu Dong-gu G hotel, Daegu-gu, and contracted the part of the steel-production construction (hereinafter “instant construction”) to the Plaintiff.
C. On May 2019, the Plaintiff completed the instant construction work, but Defendant B was unable to pay part of the construction cost, etc., the Plaintiff drafted a settlement agreement (Evidence A 3) with Defendant C on May 20, 2019.
The content of the above settlement agreement is that Defendant C shall pay the Plaintiff KRW 10 million for the construction cost, KRW 10 million for the preservation of personnel expenses, KRW 5 million for personal loans, and KRW 10 million for the construction cost by July 3, 2019, KRW 10 million for the preservation of personnel expenses, KRW 10 million for the preservation of personnel expenses, and KRW 14.3 million for the security deposit by July 3, 2019.
(Total 59.3 million won) d.
On June 14, 2019, the Plaintiff drafted a written agreement (Evidence A No. 4-1) with Defendant B.
The content of the above agreement shall be paid to the Plaintiff by June 30, 2019, the remainder of KRW 39,300,000,000,000,000,000,000 won (i.e., security deposit of KRW 14,3,00,000,000,000,000) calculated by deducting the amount paid until
(hereinafter the above settlement agreement and the agreement under the above settlement agreement are hereinafter referred to as the "agreement of this case"). [Grounds for recognition] There is no dispute, entry in Gap evidence 1 through 5 and 7, and the purport of the whole pleadings.
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally paid the Plaintiff the final amount of KRW 39.3 million under the instant agreement, which was KRW 5 million from the Defendant C on July 18, 2019.