공사대금
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
1. On March 19, 2014, the Plaintiff was awarded a contract with the Defendants for the remodeling project (hereinafter “instant construction project”) of the Busan Sea-Fel (hereinafter “instant building”) in the construction cost of KRW 865,00,000 (excluding value-added tax; hereinafter the same shall apply).
On June 17, 2014, the Plaintiff and the Defendants entered into a contract to change the construction amount to KRW 1,086,585,000 in addition to external wall construction works except for elevator extension works, among the construction scope contracted.
On the other hand, on July 14, 2014, the Defendants issued and delivered a contract for additional construction cost of 210,000,000 won to the Plaintiff for other construction terms (hereinafter “instant additional construction contract”).
On July 31, 2014, the Plaintiff completed the instant construction and delivered the instant building to the Defendants.
(See the pertinent part of the application for payment order, No. 15 of the record. The Defendants paid KRW 1.1 billion and value-added tax refunded to the Plaintiff out of the construction price of the instant case. The Plaintiff loaned the Defendants KRW 20 million totaling KRW 15 million on July 31, 2014, and KRW 20 million on August 1, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-3, Gap evidence No. 2-1-5, Busan Bank's shipping substitute point at the court of first instance, and the fact-finding as to Korean bank's Busan East Branch, the purport of the whole pleadings as a whole.
2. The assertion;
A. The Defendants, as joint contractors, are jointly and severally liable to pay the Plaintiff the 1,296,585,000 won of the instant construction cost (i.e., KRW 110,000,000 after deducting the 1,1110,000 of the fixed construction cost from the additional agreement of KRW 1,086,585,000).
In addition, the Plaintiff lent a total of KRW 20 million to the Defendants, and on behalf of the Defendants, paid KRW 15,191,00 in total, KRW 8 million for design costs, KRW 4.82 million for establishment of the right to collateral security, KRW 2,371,00 for enforcement fines, KRW 15,191,00 for enforcement fines. Thus, the Defendants are jointly and severally liable