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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 88 million and 6% per annum from May 1, 2018 to January 9, 2020.
Reasons
1. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) awarded a contract for the following two construction works (hereinafter “instant construction works”) to the Plaintiff, and Defendant B left the work as the head of the site at the construction site of this case.
After completing the first and second works, the Plaintiff filed an application for the instant payment order against the Defendants for the payment of KRW 15 million in total amount of KRW 57,537,300,000 in the construction amount, KRW 147,537,30 in the construction period, KRW 78,000 in the construction amount, KRW 78,00 in the construction period, and KRW 58,000 in the construction period, from June to November 2016), and the Defendants agreed to jointly and severally pay the Defendants the remainder of KRW 15,00,000 in the first and second works and KRW 57,000 in the remainder of KRW 58,00 in the second works, and the Plaintiff and the Defendants agreed to jointly and severally pay the remainder of KRW 30,000 in the contract on March 22, 2018, KRW 58,000 in the construction period, respectively.
However, the Defendants did not pay the amount under the instant agreement to the Plaintiff on the ground of business difficulties.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6 (including each number), the purport of the whole pleadings]
2. Determination on the claim
A. According to the above facts of recognition, according to the agreement of this case, the defendants are jointly and severally liable to pay to the plaintiff 88 million won (20 million won for 1 corporation 30 million won and 58 million won) and damages for delay calculated by the rate of 6% per annum under the Commercial Act from May 1, 2018 to January 9, 2020, which is the date the defendants lost the benefit of time due to the failure of payment, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
The plaintiff maintains the claim against the defendants for the payment of the original KRW 15 million.