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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 60,389,00 and 15% per annum from December 25, 2018 to May 31, 2019.
Reasons
1. Basic facts
A. The Plaintiff requested the Defendants to implement the authorization and permission procedures for the FF Corporation (49K) located outside and two parcels, and paid KRW 60,389,000 as advance payment.
B. However, the Plaintiff did not obtain authorization for the said facility works, and the Defendants prepared and provided a letter of payment assurance (Evidence 1-1) to the Plaintiff on October 5, 2018.
The above letter of payment assurance states that “The debtor shall pay the down payment on the following day: The plaintiff, the debtor, and the total amount of the obligations: 60,389,000 won (the first: 20,000,000 won) on October 12, 2018, and the second: 38,920,000 won on October 19, 2018, and the third: 1,469,000 won on November 10, 2018,” and the debtor’s column bears the description and seal affixed to the defendants’ name.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. According to the allegations and the above facts of determination, the Defendants agreed to pay to the Plaintiff KRW 60,389,000, which the Defendants received from the Plaintiff jointly and severally. The Defendants are jointly and severally liable to pay to the Plaintiff the aforementioned KRW 60,389,00, and to pay damages for delay calculated at the annual rate of 12% per annum as provided by the provisions of the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from December 25, 2018 to May 31, 2019, as the date following the last service of the original copy of the instant payment order, as the Plaintiff seeks.
As to this, Defendant C Co., Ltd and Defendant D Co., Ltd. mean that the said letter of payment guarantee (Evidence A 1-1) would deprive the Plaintiff of the said Defendants’ license for electrical construction business without preparing a letter of payment guarantee.