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1. The Defendants are jointly and severally liable to the Plaintiff for 30,000,000 won and 5% per annum from March 23, 2012 to January 23, 2015.
Reasons
1. In full view of the purport of Gap evidence No. 1 and the whole arguments as to the cause of the claim, the plaintiff completed the construction work of installing and renting the viewing and viewing outdoor rink by being awarded a contract from the defendant Alpha-Madow (hereinafter "the defendant company") for the construction cost of KRW 85 million (including value-added tax). The plaintiff received only KRW 5 million from the defendant company from the defendant company, and the defendant company promised to pay the remainder of KRW 30 million until March 22, 2012 to the plaintiff on March 12, 2012, "the payment of the construction cost of this case" refers to "the payment of this case."
The defendant A, as the guarantor of the defendant corporation, has signed and sealed the letter of payment in this case.
According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 30 million won and the amount equivalent to 5% per annum under the Civil Act from March 23, 2012 to January 23, 2015, which is the last delivery date of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, as the Plaintiff seeks.
2. Determination as to Defendant A’s assertion
A. As to this, Defendant A merely entered himself as a joint and several surety according to contractual procedures, Defendant A asserts that the Plaintiff is responsible for such defect since the Plaintiff’s installation and lease work supplied defective ice ices, motive and ice rinks, damaged viewing squares, etc.
B. The Defendant A’s signature and seal on the instant payment form as a joint and several surety according to contractual procedures is not liable as a joint and several surety by Defendant A, but there is no evidence to prove that there is a defect in the installed and leased construction executed by the Plaintiff.
(c) therefore.