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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 220,000,000 and KRW 70,000 among them, from November 25, 2015 to 150.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who operates a personal business entity engaged in the construction business under the trade name of “D,” and Defendant B (hereinafter “Defendant Company”) is a company engaging in alternative energy production business, such as boiler and fuel oil.
B. On November 24, 2014, F Co., Ltd., which received a contract from the Defendant Company for the “YYAD New Construction Project” on the ground of Young-gun E, Youngnam-gun, the said construction contract amounting to KRW 1,300,00,000 (excluding value-added tax) and the construction period from June 1, 2015 to August 30, 2015, respectively, was subcontracted to the Plaintiff.
(hereinafter “instant subcontracted project”). C.
The Plaintiff completed the subcontracted project at around that time, but the Plaintiff did not pay the Plaintiff KRW 220,00,000,000 out of the construction cost under the said subcontracting contract. In this regard, Defendant C, the spouse of the Defendant Company and the representative director G of the Defendant Company, the primary contractor, was the Plaintiff on November 18, 2015, and the first payment was KRW 70,000,000,000, and the second payment was the second payment on November 24, 2015.
On January 31, 2016, each letter of payment, written and issued as the representative G of the Defendant Company, Defendant C, respectively.
[Grounds for recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the above facts of determination, the Defendants are jointly and severally obligated to pay to the Plaintiff the agreed amount of KRW 220,000,000 and KRW 70,000 among them, as from November 25, 2015, which is the day following the date of the payment agreement, for KRW 150,000,000, which is the day when the original decision of the instant payment order was delivered to the Defendants from February 1, 2016 to February 26, 2018, the Defendants are jointly and severally liable to pay the Plaintiff damages for delay calculated at each rate of KRW 6% per annum as prescribed by the Commercial Act and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
3. Accordingly, the plaintiff's claim against the defendants is reasonable, and all of them are reasonable.