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1. The Defendants shall jointly and severally serve as KRW 159,50,000 on the Plaintiff and as a result, from January 31, 2015 to November 10, 2015.
Reasons
1. Around November 5, 2014, Defendant B Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) awarded a contract for the construction of a reinforced concrete structure to Defendant B Co., Ltd. (hereinafter “Defendant A”). Defendant A subcontracted the construction of a reinforced concrete structure to the Plaintiff on November 19, 2014.
Defendant D was the head of the site office of the construction of the above coloned plant.
At the time of the subcontract agreement between the plaintiff and the defendant 1, the owner of the non-party company and the field director, the defendant D, the owner of the building at the time of the subcontract agreement between the plaintiff and the defendant 1, had joint and several sureties
The Plaintiff completed the construction of reinforced concrete building.
Defendant 1 Company agreed to make installment payments of the total amount of KRW 154,00,000 (including value-added tax) and the total amount of KRW 159,000,000 (hereinafter “construction cost, etc.”) including the additional payment of KRW 5,00,000 (hereinafter “construction cost, etc.”) to the Plaintiff on two occasions, including December 30, 2014 and January 30, 2015.
On the other hand, on November 26, 2014, Nonparty Company was merged with Defendant C Co., Ltd. (hereinafter “Defendant C”) on the other hand.
[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Determination
A. According to the facts stated in Paragraph 1, Defendant 1 is the principal debtor, Defendant 2 is a joint and several surety, and Defendant D is jointly and severally a joint and several surety, and Defendant 1 is a joint and several surety, with regard to the promotion of litigation, etc. by 6% per annum prescribed in the Commercial Act from January 31, 2015 (the following day of the deadline for the final payment of the construction price agreed upon by Defendant 1) to November 10, 2015 (the date of the final payment of the construction price agreed upon by Defendant 1), and from the following day to the date of full payment.