기타(금전)
All appeals by the defendants are dismissed.
The costs of appeal shall be borne by the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of this Court’s judgment cited in the judgment of the first instance is as follows, and such reasoning is identical to the reasoning of the judgment of the first instance except for the following “the amended part of 2.0” and thus, it is acceptable in accordance with the main sentence
2. The revised part of the 6th 11th eth 1st eth 7th eth eth eth eth eth eth
1) At the time of the agreement of the Plaintiff, the Defendant Company paid KRW 598 million to the Plaintiff by August 30, 2016, as compensation for damages incurred by the discontinuance of construction works, etc., and Defendant C guaranteed the above obligation.
However, even if the Defendant Company received all the construction cost of this case from the Plaintiff, it failed to complete the remaining construction work of this case by paying the Plaintiff the subcontract price directly, which constitutes a case where the Plaintiff could no longer perform the construction work of this case due to the reasons attributable to the Defendant Company or the direct management of the construction work.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 598 million and damages for delay pursuant to the instant agreement.
B. In light of the fact that the head of the site office employed by the Defendant Company participated in the construction of the instant construction until the completion of the instant construction, the Defendant Company, the representative of the Defendant Company, participated in the consultation on supervision, etc., and discussed the use of the instant building, and the approval for the use of the instant building was made by the Defendant Company as the contractor, the Defendant Company completed the instant building by carrying out the instant remaining construction, and the Plaintiff directly subcontracted to the subcontractor under the financial situation of the Defendant Company.