공사대금
1. Defendant B Co., Ltd.: 14,322,570 won and 5% per annum from May 10, 2016 to December 14, 2017 to the Plaintiff.
1. Plaintiff’s claim against Defendant B
A. Fact 1) The plaintiff is a 3-story building located in Suwon-gu, Busan (hereinafter referred to as "the plaintiff's building").
2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a co-owner of the Plaintiff’s building, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is a contractor for the construction of a new building on the land outside of 3 lots of land (hereinafter “Defendant”) adjacent to the Plaintiff’s building.
3) On August 2014, the Plaintiff’s agreement on the Plaintiff’s new construction of the Defendant’s building that he/she shall receive an internal or external painting of the Plaintiff’s building (hereinafter “instant agreement”).
4) The Plaintiff’s internal and external coloring cost for the Plaintiff’s building is KRW 14,32,570.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-1, Gap evidence 3 and 4-1, Eul evidence 1-14, Eul evidence 3-1-1, Eul evidence 3-1, appraiser F's appraisal result, the purport of the whole pleadings
B. As to the subject of the foregoing painting cost burden as stipulated in the instant agreement, the Plaintiff asserts that Defendant B should be jointly and severally liable with Defendant C, and Defendant B should be fully liable to Defendant C.
In full view of the entry of evidence No. 1, evidence No. 1, evidence No. 1, evidence No. 1, and evidence No. 14, the following circumstances may be acknowledged.
① Examining the text of the agreement (Evidence A No. 1, B, and A No. 14) that is the starting point of interpretation regarding the instant agreement, the executor is “B” and only the Defendant B is the subject of the instant agreement with the Plaintiff, and the Defendant C is not written.
② Examining the contract document entered into between the Defendants (No. 1) and the Defendants, the Defendants bear the burden of handling general civil petition affairs, such as neighboring buildings, due to a special agreement, and construction works, such as the track of neighboring buildings and dust scattering due to construction.