공사대금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 39,00,000 and 6% per annum from February 1, 2019 to September 25, 2019.
1. Determination on the cause of the claim
A. Facts of recognition 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)
corporation D (hereinafter referred to as “foreign corporation”)
2) From the following: (a) a logistics warehouse (hereinafter referred to as “instant warehouse”) on the ground of E in the following :
(2) On November 19, 2018, the Defendant Company concluded a construction contract between the Plaintiff and the Plaintiff to perform the temporary construction works of the instant warehouse from November 20, 2018 to December 20, 2018, with the construction period fixed as KRW 60,000 for the construction cost (hereinafter “instant construction contract”).
3) Around December 27, 2018, the Plaintiff completed construction under the instant construction contract. 4) On January 22, 2019, Defendant C, the representative director of the Defendant Company, promised to pay 58,000,000 won out of the total construction cost of the instant temporary warehouse construction works, which is unpaid, and to pay by January 31, 2019, under the title of “written notice of payment for the construction cost” to the Plaintiff on January 22, 2019, under the title of “written notice of payment for the construction cost”. If unpaid, the Plaintiff issued a written notice of payment stating that the Plaintiff will be at any disadvantage due to the legal measure (hereinafter “written notice of payment”).
5) The Defendant Company paid the Plaintiff KRW 13,00,000,000 (i.e., KRW 3,000,000 on February 1, 2019, KRW 11,000 on February 1, 2019) with the payment under the instant construction contract after the preparation of the instant written rejection of payment. 【Fact 10,000,000 without any grounds for recognition, Party A’s entries in the evidence Nos. 1 through 4, and the purport of the entire pleadings.
B. According to the above facts of recognition, the defendant company is obligated to pay the construction price unpaid to the plaintiff under the instant construction contract.
In addition, it is reasonable to view that Defendant C agreed to pay the construction cost under the instant construction contract jointly with the Defendant Company by preparing and delivering the instant payment note. Therefore, it is jointly and severally with the Defendant Company.