공사대금
The defendants are jointly and severally liable to the plaintiff for 69,00,000 won and 6% per annum from April 1, 2020 to November 16, 2020.
Basic Facts
On April 17, 2019, the Plaintiff received a subcontract for the Construction Work from Defendant B Co., Ltd. (hereinafter referred to as the “Defendant Company”) by setting the construction cost of KRW 99,00,000, and the construction period from April 17, 2019 to October 31, 2019.
(hereinafter “instant subcontract”). On October 5, 2019, the Plaintiff and the Defendants agreed to pay directly the part executed by the Plaintiff in the instant subcontract pursuant to Article 35(2) of the Framework Act on the Construction Industry pursuant to Article 35(2) of the Framework Act on the Construction Industry.
(hereinafter “this case’s agreement”). [Grounds for recognition] A’s statement in Gap’s Evidence Nos. 1, 2, and Eul’s Evidence Nos. 1 through 4, and a summary of the grounds for the entire purport of the pleadings, the Plaintiff performed and completed the instant construction in accordance with the instant subcontract.
However, the Plaintiff received only KRW 30,000,000 out of the construction cost of this case.
Therefore, Defendant C, a party to the instant subcontract, is jointly and severally liable to pay the remainder of the construction cost of KRW 69,00,000 to the Plaintiff.
Judgment
The fact that the Plaintiff completed the instant construction work in accordance with the instant subcontract is recognized as above.
Therefore, Defendant C, as the other party to the above subcontract, and Defendant C, jointly and severally, agreed to pay the construction price to the Plaintiff according to the agreement of this case, shall pay to the Plaintiff the remainder of KRW 69,00,000,000, excluding KRW 30,000,000, which was paid by the Plaintiff under the above subcontract, as well as the following day from April 1, 2020, which is clear from the date when the original copy of the payment order of this case was served on the date when the original copy of the payment order of this case was served, to the Plaintiff, as well as 6% per annum as stipulated in the Commercial Act until November 16, 2020, and the next day shall be fully paid.