The defendants are jointly and severally liable to the plaintiff 244,283,940 won and 15% per annum from May 12, 2020 to the date of full payment.

Facts of recognition

A. On November 4, 2019, the Plaintiff entered into a subcontract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) by setting the contract amount of KRW 451,00,000 and the construction period from November 4, 2019 to February 24, 2020, respectively.

B. Since then, the Plaintiff completed the construction work and additional construction work equivalent to KRW 8,283,940 as set forth in the said subcontract. The Defendant Company paid KRW 215,000,000 to the Plaintiff by April 25, 2020.

C. On May 11, 2020, the Defendant Company agreed to pay interest for delay at 15% per annum to the Plaintiff, confirming that the debt balance in relation to the said subcontract was KRW 244,283,940. Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s debt.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 7, and the purport of the entire pleadings are determined as above. The defendants are jointly and severally liable to pay to the plaintiff the balance of the construction price of 244,283,940 won and interest for delay calculated by 15% per annum from May 12, 2020 to the date of full payment.

3. Therefore, the Plaintiff’s claim against the Defendants is justified.