A. A. Around March 2015, the Plaintiff completed the agreed construction work that was contracted for KRW 30,900,000 from Defendant B and from among the new construction works of building E, but Defendant B failed to pay the Plaintiff KRW 25,90,000 out of the construction cost.

B. On February 5, 2015, Defendant C awarded a contract for a new construction of F urban-type residential housing, and awarded a subcontract for reinforced concrete construction among them to Defendant B.

On April 2, 2015, the Plaintiff completed the agreed construction work that was sub-subcontracted from Defendant B and from among the F Urban Residential Housing Construction Work (hereinafter “F Corporation”). However, Defendant B did not pay KRW 19,800,000 out of the construction cost to the Plaintiff.

C. Defendant D awarded a contract for a new construction of a G building, and subcontracted the structural construction among them to Defendant B.

On May 30, 2015, the Plaintiff completed the agreed construction from Defendant B, and from Defendant B’s sub-subcontracted construction work among reinforced concrete construction works of G building (hereinafter “G”) but Defendant B failed to pay the Plaintiff KRW 24,500,000, out of the construction price.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4, 5, and 6, purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the total construction cost of KRW 70,200,000 and damages for delay calculated at the rate of 15% per annum from June 10, 2016 to the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff.

3. Determination as to the claim against Defendant C

A. As Defendant B’s assertion failed to pay the F work price to the Plaintiff, Defendant C, the vice president of Defendant C, who is the construction executor, prepared a written non-performance that Defendant C would directly pay the F work price to the Plaintiff upon delegation by Defendant B.

Therefore, Defendant C is jointly and severally liable for the payment of the F 19,800,000 won and the delay damages.