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1. The Plaintiff:
A. The Defendants are jointly and severally liable to compensate for KRW 137,820,100 and the Defendants from January 1, 2015 to February 17, 2017.
Reasons
1. Basic facts
A. The status of the parties is that the Plaintiff is a company engaged in the waterproofing construction business, etc., and the Defendant Company B (hereinafter “B”) is a company engaged in the construction business, etc., the Defendant C is a person who serves as the representative director of the Defendant B, and the Defendant D is a person who serves as the inside director of the Defendant B’s company.
B. In 2014, Defendant B: (a) confirmed that the aggregate amount of unpaid loan and construction payment to the Plaintiff by Defendant B remains at KRW 257,820,100; and (b) Defendant B promised to repay the unpaid loan and construction payment to the Plaintiff by December 31, 2014 (hereinafter “instant commitment”); and (c) drafted a letter of commitment stating that “The Plaintiff shall pay the unpaid loan and construction payment to the Plaintiff by December 31, 2014.”
Defendant C and D guaranteed the obligation under the instant undertaking to Defendant B.
C. 1) Defendant B’s subcontract agreement between the Plaintiff and the Plaintiff on January 2, 2015, stipulating that the unused construction work among the new construction works of the Dong-gu E neighborhood living facilities (including value-added tax) shall be KRW 49,500,000 for the construction cost, and the period of construction shall be from January 2, 2015 to April 2015 (hereinafter “first subcontract agreement”).
(2) On March 20, 2015, Defendant B entered into a subcontract (hereinafter referred to as “second subcontract”) with the Plaintiff to enter into the said subcontract with the terms that the unused construction work was set at KRW 48,474,00 (including value-added tax) and the construction period from March 20, 2015 to June 30, 2015, and the Plaintiff completed the said construction work in accordance with the said subcontract.
3) Defendant B paid to the Plaintiff KRW 21,846,00,00, out of the construction cost of KRW 49,50,000 under the subcontract agreement, and KRW 8,920,00, out of the construction cost of KRW 48,474,00 under the subcontract agreement, Defendant B paid each of the Plaintiff KRW 48,920,00. (d) On May 28, 2014, the Plaintiff was between Nonparty G and Busan 509, supra.