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1. The Plaintiff:
A. The Defendants are jointly and severally liable for 53,700,000 won and the Defendants shall be from January 1, 2017 to July 13, 2017.
Reasons
1. Facts of recognition;
A. On August 7, 2015, the Plaintiff lent a total of KRW 200 million to Defendant C on August 11, 2015.
On September 9, 2016, Defendant C agreed to repay the Plaintiff the principal and interest of KRW 29 billion by November 30, 2016, and Defendant B Co., Ltd (hereinafter “Defendant Company”) jointly and severally guaranteed the Defendant C’s above loan obligations, and thereafter, Defendant C repaid KRW 150 million to the Plaintiff.
B. The Defendant Company received a joint supply of D Construction Work from the Korea Environment Corporation and the Seoul Metropolitan Area Branch Headquarters (hereinafter “instant Construction Work”). The Plaintiff continued construction work from August 2015 to August 2016, and the Plaintiff suspended construction work without completing the completion of the secondary construction work.
C. On September 5, 2016, the Plaintiff and the Defendant Company entered into a settlement agreement on the part of the Plaintiff’s work progress. During that process, a settlement agreement on the settlement amount of KRW 28 million (excluding KRW 72 million, excluding KRW 156 million, the cash deposit amount of KRW 30 million, and KRW 42 million, until December 31, 2016, and a settlement agreement on the settlement amount of KRW 198 million (as to the settlement agreement, KRW 42 million, excluding KRW 156 million, the cash deposit amount of KRW 30 million, KRW 200,000,000,000) and KRW 198,000,000 (as to the settlement agreement on the deposit amount, KRW 156 million,000,000,000,000,000 won, until December 31, 2016).
[Ground for Recognition: Facts without a partial dispute, Gap evidence 8, Eul evidence 1, the purport of whole pleadings]
2. According to the above facts finding as to the claim for loans, the Defendants jointly and severally pay to the Plaintiff the remaining amount of KRW 53.7 million (i.e., KRW 29 billion - KRW 15.3 million) and damages for delay calculated by applying each rate of 6% per annum under the Commercial Act from January 1, 2017 to July 13, 2017 when the copy of the complaint in this case was delivered from January 13, 2017, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.