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1. The Defendants are jointly and severally liable to the Plaintiff for 87,00,000 won and the period from January 11, 2014 to October 15, 2015.
Reasons
1. According to the purport of Gap's evidence No. 1 and all pleadings as to the cause of the claim, the defendant corporation B (hereinafter "the defendant corporation") borrowed KRW 130,00,000 from the plaintiff, and agreed to repay it by December 31, 2013, and the defendant C, the representative director of the defendant company, may recognize the fact that the defendant corporation jointly and severally guaranteed the defendant company's above loan obligation.
Therefore, the defendants are jointly and severally liable to pay the above loan and damages for delay to the plaintiff.
2. Determination on the defense of set-off by the defendant company
A. Defendant Co., Ltd., Ltd., and Defendant Co., Ltd., Ltd., for the construction cost unpaid from D D D D D D D D, were awarded a contract from the Plaintiff for the construction of a factory by D D D (hereinafter “D”) and carried out the construction cost of KRW 126,70,000 for the construction cost of KRW 126,70,000. Of them, the Plaintiff did not pay KRW 43,000,000 among them, and therefore, the said unpaid claim for the construction cost set off against the Plaintiff’s loan claim.
1) In full view of the following circumstances that can be seen by the purport of each of the statements and arguments in evidence Nos. 1, 2, 3, 8, 9, and 11 of automatic claims B, the Plaintiff may recognize that the Defendant Company did not pay KRW 43,000,000 out of the construction cost of the steel frame and the steel panel in this case. (A) The Defendants asserted that the Plaintiff’s 30,000,000 out of the total amount paid to the Defendant Company on May 16, 2012 is part of KRW 130,00,000 that the Plaintiff lent to the Defendant Company.
As to this, the Plaintiff paid 30,000,000 won for the instant steel frame and the printing team construction cost, and the loan 30,000,000 won to the Defendant Company around March 2012. However, the Defendant Company was established on April 5, 2012, and the Plaintiff all objective data such as financial transactions related to the payment of 30,000,000 won for loans.