공사대금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 146,806,80 and the interest rate thereon from March 7, 2014 to the date of full payment.
1. Facts of recognition;
A. On September 3, 2013, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with ENH Construction Co., Ltd. (hereinafter “EN”) with the content that the Plaintiff would receive a subcontract from Nonparty Company for a steel-frame production work (hereinafter “instant construction work”) with the price of KRW 223 million (excluding value-added tax) (hereinafter “instant construction contract”).
B. The Plaintiff completed the instant construction project in accordance with the instant construction contract. During this process, additional construction costs of KRW 1460,000 (excluding value-added tax), KRW 52,000,000 (excluding value-added tax), and KRW 60,260,000 (excluding value-added tax) in total (i.e., KRW 1.460,000, KRW 52,000,000, KRW 680,000, value-added tax) were incurred.
C. Meanwhile, on October 7, 2013, the Defendants prepared a joint and several surety note (Evidence A 3) with the purport that the Plaintiff is jointly and severally liable for the payment of the construction cost to the Plaintiff of the non-party company related to the instant construction contract.
The Plaintiff received from the Nonparty Company a total of KRW 159,779,200,000,000 as the construction price under the instant construction contract on October 10, 2013, KRW 99,779,200 on August 8, 2013, and KRW 30,000 on December 6, 2013 (i.e., KRW 30,000,000) (i., KRW 99,779,200,000) from the Plaintiff and Nonparty Company, and agreed to reduce KRW 5,00,000 from the total construction price as a result of the settlement of construction price between the Plaintiff and Nonparty Company.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the above findings of determination, the non-party company is obligated to pay to the plaintiff the remaining construction cost of KRW 146,806,80 [the total construction cost of KRW 311,586,00 [the total construction cost of KRW 311,586,00 per annum = (the original construction cost of KRW 22,300,000 per annum x 1.1} - the construction cost of KRW 159,779,200 - the construction cost of KRW 5 million reduced after settlement]. The defendants are joint and several suretys of the non-party company, jointly and severally with the non-party company, and jointly and severally with the plaintiff.