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1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 27,300,00 and the interest rate thereon from April 21, 2015 to the date of full payment.
Reasons
1. The Plaintiff asserted the cause of the Plaintiff’s claim: (a) Defendant B (hereinafter “Defendant B”) provided Defendant C’s employees with meals of KRW 47.3 million from January 10, 2014 to April 30, 2014 while operating a restaurant at the site of the E Hospital Extension Corporation (hereinafter “instant construction site”) contracted by Defendant C (hereinafter “Defendant C”); and (b) provided Defendant B with meals of KRW 47.3 million.
Meanwhile, Defendant C agreed to pay the Plaintiff the meal cost at the construction site by May 15, 2014.
Nevertheless, on June 11, 2014, Defendant C paid only KRW 20 million out of the meal cost to the Plaintiff.
Therefore, the Defendants are jointly and severally liable to pay the remainder meal cost of KRW 27.3 million to the Plaintiff and damages for delay.
2. Determination
A. On April 24, 2014, Defendant C and Postal Construction Co., Ltd. drafted a letter of payment of the delayed payment (work cost and food) with the following details on the Plaintiff. - At the site name of the E Hospital: The name of the construction type of the E Hospital Construction: The name of the E Hospital Construction: the steel bars of the E Hospital Construction; the wages in arrears and food (484,330,345 won) of the E Hospital Construction Co., Ltd. for the period from January to April of the E Hospital Construction site in which the E Hospital Construction Co., Ltd. is in progress.; the amount of each of the E Hospital Construction Co., Ltd., Defendant C’s promise to pay KRW 2,30,00,000 for on-site funeral expenses, and KRW 37,07,000,000 for the total of KRW 57,778,71,200,000 for meals under each of the following circumstances:
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, the purport of the whole pleadings
B. According to the records of evidence No. 13 as to whether the Plaintiff supplied meals to Defendant B at the site of the instant construction work, Defendant C contracted the construction of molds, steel bars, concrete, and rains among the instant construction work, around December 2013.