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1.(a)
Defendant A shall pay 91,785,000 won to the Plaintiff and 20% per annum from August 30, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On May 2, 2013, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with Defendant A, the owner of the instant land C (hereinafter “instant land”), under which the Plaintiff was awarded a contract with Defendant A for 79,750,000 won for construction work (including value-added tax) and from May 2, 2013 to May 31, 2013, with the construction period fixed from May 2, 2013 to May 31, 2013, and Defendant B jointly and severally guaranteed the Defendant A’s obligation to pay the construction price under the said construction contract.
B. Around May 2, 2013, the Plaintiff commenced the instant construction and completed it around August 13, 2013.
C. On August 13, 2013, Defendant A prepared a written confirmation stating that “The instant construction cost is KRW 91,785,000 (excluding value-added tax) and the instant construction work was completed on August 13, 2013,” to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-5, purport of the whole pleadings
2. Occurrence of liability for payment of construction price;
A. According to the above facts, Defendant A, a contractor for the instant construction contract, is obligated to pay the Plaintiff the construction cost of KRW 91,785,00, which was finally agreed upon to the Plaintiff, and the delay damages therefor. Defendant B, a joint and several surety for the instant construction cost obligations of Defendant A, is jointly and severally liable to pay the Plaintiff the said KRW 79,750,000, which was agreed upon at the time of joint and several guarantee, and the delay damages therefrom, jointly and severally with Defendant A.
B. As to this, the Plaintiff asserts that the construction cost to be paid by Defendant B to the Plaintiff jointly and severally with Defendant A is KRW 91,785,000, which is the final agreed construction cost.
As to the Defendant A’s obligation of construction payment of this case, the agreed construction cost is KRW 79,750,000 as agreed at the time of joint and several sureties, and thereafter, the Plaintiff and the Defendant A increases the construction cost to KRW 91,785,00.