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1. Defendant C Co., Ltd.: (a) KRW 116,477,00 for the Plaintiffs and 5% per annum from July 1, 2016 to January 3, 2017.
Reasons
1. Basic facts
A. On June 30, 2015, the Plaintiffs entered into a contract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by setting the construction amount as KRW 275 million (including value-added tax) with respect to “C (E points) first floor and fourth class interior works,” and completed the relevant works on or around July 28, 2015, as well as additional interior works on or around August 15, 2015 at the Defendant Co., Ltd.’s request.
(The construction cost shall be KRW 15,477,00). (b)
As of October 28, 2015, the Plaintiffs received KRW 112,00,000 out of the said construction price from the Defendant Company and did not receive the remainder, on February 22, 2016, the Plaintiffs drafted from the Defendant Company’s representative director D a separate sheet stating that “The payment rate of KRW 62,00,000 out of the balance of classical expenses of KRW 163 million on February 22, 2016 shall be KRW 16,3 million, and the remaining balance shall be KRW 101,00,000 in the first half of 2016” (hereinafter “each of the instant notes”).
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5
2. According to the facts of the recognition of the claim against Defendant C, the Defendant Company is obligated to pay the Plaintiffs the balance of the construction price of KRW 116,47,00 (=275,00,000 per annum 15,477,000 per annum - KRW 112,00,000 per annum - 62,00,000 per annum from July 1, 2016 to January 3, 2017, which is the delivery date of a copy of the complaint of this case, and damages for delay calculated at the rate of KRW 15 per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. Claim against Defendant D
A. The Plaintiffs, asserting that Defendant D would personally guarantee the payment of the instant construction cost, and that Defendant D promised to make an oral payment of the instant additional construction cost as set forth later, and that the said Defendant promised to make an oral payment of the said additional construction cost, and that the said additional construction cost was subsequently set up, the Defendant Company and each of the Defendant Company’s remainder of KRW 116,477,00.