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1. The Defendants jointly and severally agreed to the Plaintiff KRW 45,00,000, and 6% per annum from October 13, 2015 to May 31, 2016.
Reasons
1. On February 10, 2015, the Plaintiff: (a) received a contract from the Defendants on a set of KRW 53,00,000 from the Jeju-si Construction Co., Ltd. (hereinafter “instant construction”); and (b) thereafter, the construction cost has been increased by KRW 5,00,000 following a design change; (c) the Plaintiff received only KRW 10,000,000 from the Defendants while completing the instant construction; and (d) the Plaintiff did not receive the remainder of KRW 45,00,000 from the Defendants; or (e) there is no dispute between the Parties; or (e) comprehensively taking account of the respective entries in subparagraphs 1 and 2 (including each number) and the purport of the entire pleadings.
According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of construction cost of KRW 45 million and the amount calculated by applying each ratio of 15% per annum under the Commercial Act from October 13, 2015 to May 31, 2016, which is the day following the day when the copy of the complaint of this case was served on the Defendants, to May 31, 2016, and from the following day to the day when the copy of the complaint of this case was served to the Defendants.
2. Determination as to Defendant C’s assertion
A. While Defendant C’s assertion that the Plaintiff was running the instant construction project, the Plaintiff’s wife felled at the construction site and died, and the victims’ bereaved families filed a lawsuit against the Plaintiff and Defendant C seeking compensation for damages under the Jeju District Court Decision 2015Da53437. If the Plaintiff and Defendant C were to be held liable for joint tort, and Defendant C paid damages exceeding their share of liability to the victims and jointly exempted the Plaintiff from liability, it is anticipated that the claim for reimbursement against the Plaintiff would be created. Accordingly, the Plaintiff’s claim for reimbursement should be offset against the Plaintiff’s claim for the construction price of this case by using the aforementioned claim for reimbursement as the automatic claim.
B. The joint tortfeasor is a creditor of the judgment.