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1. Defendant B limited liability company’s KRW 560,00 and annual 5% from March 4, 2015 to August 26, 2015, respectively, to the Plaintiff.
Reasons
Basic Facts
There is no dispute between the parties that the Plaintiff contracted to perform the mold construction work from July 14, 2012 to September 30, 2012, among the new construction works of the E-mail of the Defendant Limited Company B (hereinafter “Defendant Company”) from the Defendant Company B (hereinafter “Defendant Company”).
2. The parties' assertion
A. In relation to the instant construction project, the Defendant Company agreed to pay the same amount of construction cost as claimed by the Plaintiff. The Defendant Company currently delayed the Plaintiff’s payment of KRW 30,157,500 in total and KRW 37,507,500 in total and KRW 7,350,000 in total. Meanwhile, Defendant C, the representative director of the Defendant Company, made an oral promise that Defendant C, a joint and several surety, guaranteed the Defendant Company’s obligation to pay the said construction cost.
Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 37,507,500 and damages for delay.
B. The Plaintiff and the Defendant Company agreed that the construction cost of the instant construction was KRW 70,560,000 (i.e., KRW 120,000 per square year) (i., KRW 120,000 per square year). The Defendant Company paid KRW 14,00,000 to the Plaintiff in advance on July 10, 2012, and thereafter, paid KRW 56,00,000 over several occasions, and the remainder of KRW 560,00,000 was to be drinking by the Plaintiff.
Therefore, the Defendant Company’s obligation to pay the construction price to the Plaintiff as a result of the instant construction work remains any more.
In addition, the defendant C did not have an agreement to jointly and severally guarantee the obligation for the construction cost of the defendant C.
3. Determination
A. (i) As to the determination of the cause of the claim (i) the amount of the contract price agreed between the Plaintiff and the Defendant Company or the method of calculating that amount, the Plaintiff has the burden of proving the occurrence of the claim
Shebly, the Plaintiff asserts that the construction cost of KRW 86,157,500 was paid in order to carry out the instant construction work, and that it was paid KRW 56,00,000 among them.