공사대금 등
1. Defendant C shall pay to the Plaintiff KRW 40 million and the interest rate of KRW 15 percent per annum from September 23, 2015 to the date of full payment.
1. As to the claim against Defendant C, pursuant to Article 150(3) and (1) of the Civil Procedure Act, the following facts alleged by the Plaintiff are deemed to have been led to the confession by Defendant C.
On November 8, 2013, Defendant C agreed to pay to the Plaintiff KRW 40 million by November 30, 2013 in terms of personnel expenses for tree trees of 2 and 3rd floor in relation to the construction of a new building on D ground at Silung-si.
Therefore, Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from September 23, 2015 to the day of full payment, after the date of final delivery of a copy of the complaint sought by the Plaintiff, as a result of the repayment period.
2. As to the claim against the defendant B
A. The Plaintiff asserts that “Defendant B is the owner of the said new construction project, and is jointly and severally obligated with Defendant C to pay the said KRW 40 million to the Plaintiff as the construction cost.”
However, in this case where there is no evidence to acknowledge that there exists a contract relationship between the Plaintiff and the Defendant B, Defendant B is obligated to pay the construction cost to the Plaintiff solely on the ground that it is the owner of the said new construction
B. The Plaintiff asserts to the effect that “E representing Defendant B promised to pay the construction price to the Plaintiff,” but there is no evidence to acknowledge this.
3. The plaintiff's claim against the defendant C is justified, and the claim against the defendant B is dismissed as it is without merit.