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1. The Defendants jointly share KRW 28,000,000 with respect to the Plaintiff and Defendant A Co., Ltd. from March 3, 2015 to March 3, 2015.
Reasons
1. Determination as to the claim against Defendant A corporation
A. The following facts do not conflict between the Plaintiff and the Defendant A Co., Ltd. (hereinafter “A”), and the authenticity of the entire document is presumed to have been established, since there is no dispute on the part of the Defendant A’s seal affixed on the performance note and the performance note, the entire document is presumed to have been established. As to this, Defendant A has a defense that the document was forged by misappropriation of the seal affixed by the Defendant B, but there is no evidence to acknowledge it, and thus, it is not acceptable to accept the above defense) and the purport of the entire argument in light of the purport of the argument as a whole.
1) Around July 2014, Defendant A awarded a contract to the Plaintiff for the construction of new commercial housing in Naju Innovation City C and D, but did not pay KRW 28,000,000 out of the construction cost. (2) The Defendants, around February 17, 2015, prepared and delivered a performance note stating that the Plaintiff would pay the unpaid construction cost by March 2, 2015 (hereinafter “instant performance note”).
B. According to the above facts of recognition, Defendant A is obligated to pay jointly with Defendant B the amount of KRW 28,00,000,000 payable to the Plaintiff as well as damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from March 3, 2015 to December 29, 2015, which is the day following the date of payment indicated in the letter of performance of the instant case, and the copy of the complaint of this case, from March 3, 2015 to December 29, 2015, which was served on Defendant A, and 15% per annum as stipulated by the Act on Special Cases concerning
2. Determination as to the claim against the defendant B
A. Claim No. 1) Defendant A awarded a contract to the Plaintiff for the title and glass construction among the construction works for the new commercial housing in Nano Innovation City C and D, but did not pay KRW 28,000,000 out of the construction cost. The Defendants agreed to pay the Plaintiff the said unpaid construction cost by March 2, 2015, but paid it on or before February 17, 2015.