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1. On January 23, 2015, the Defendants jointly and severally, as well as KRW 30 million, Defendant B’s KRW 9.4 million, and each of the said money.
Reasons
1. Basic facts
A. On July 31, 2014, the Plaintiff entered into a construction contract with Defendant B, stating that construction cost of KRW 180 million is KRW 100,000,000 and the construction period is from July 31, 2014 to September 30, 2014.
B. Around September 25, 2014, Defendant B drafted a performance memorandum stating that “A person shall complete the construction before September 28, 2014, and, if delayed, a person shall pay a delay compensation amounting to KRW 200,000 per day of delay (hereinafter “instant performance memorandum”) to the Plaintiff.”
C. The Plaintiff believed the instant performance memorandum and paid KRW 160 million out of the construction cost to Defendant B, but the Defendant B did not perform the construction work properly.
Defendant B agreed to pay KRW 30 million, which was additionally paid to the Plaintiff on October 8, 2014, Defendant B prepared a loan certificate stating that “I will borrow KRW 30 million from the Plaintiff and repay until November 30, 2014” (hereinafter “the loan certificate of this case”). Defendant C guaranteed Defendant B’s obligation for the above loan loan of this case.
E. The Defendant completed the instant construction work around November 14, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, witness F's testimony, purport of whole pleadings
2. Assertion and determination
A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the borrowed amount of KRW 30 million.
In addition, examining the penalty for delay caused by the delay of construction, Defendant B is obligated to pay the Plaintiff the penalty for delay amounting to KRW 9.4 million (47 days x 200,000) in accordance with the instant performance memorandum, since it was delayed for 47 days from September 29, 2014 to November 14, 2014.
Therefore, the Defendants are jointly and severally liable to the Plaintiff, and Defendant B is jointly and severally liable to pay KRW 30 million, KRW 9.4 million, and each of them, as sought by the Plaintiff, from January 23, 2015 to the date following the delivery of a copy of the instant complaint.