공사대금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 130 million and KRW 65 million among them from June 9, 2017.
1. Basic facts
A. 1) The Plaintiff entered into a contract for construction works between the Plaintiff and C on June 10, 2011 (hereinafter “C”).
) In Si/Gu, Dong-si and Dong-si entered into a contract for construction work to construct C factory buildings on the land outside D and four lots (hereinafter “instant construction work”).
(2) On June 20, 201, the construction period stipulated in the above contract was from June 20, 201 to October 30, 2011, and the construction amount is KRW 530 million (including value-added tax). 2) The Plaintiff entered into a contract for construction change with C and the construction period from June 20, 201 to March 30, 2012, changing the construction amount to KRW 830,885,000.
3) Around October 2015, the Plaintiff entered into a contract for construction works with C as from October 15, 2015 to December 10, 2015, and with the construction cost of KRW 880 million (including value-added tax of KRW 80 million) with respect to the instant construction works. B. The Plaintiff entered into a contract for construction works between the Plaintiff and the Defendant A with the Defendant succeeding to the instant construction works of the Plaintiff from October 15, 2015 to January 30, 2016, with the construction cost of KRW 880 million (including value-added tax of KRW 80 million) retroactively, around October 2015 (hereinafter “instant contract for construction works”).
C. On November 23, 2016, Defendant A entered into the instant construction contract with the owner to complete the construction work at KRW 800 million including KRW 73.7 billion or ancillary construction work. The owner of the building, who paid a direct payment and a subcontract guaranteed by the owner, shall mutually settle accounts and deliver to the Plaintiff a written undertaking to pay the remainder to the Plaintiff.
Defendant B guaranteed Defendant A’s obligation to pay the above construction cost.
On January 3, 2017, the Plaintiff prepared a written agreement with Defendant A, paid 381,700,000 won to the subcontractor for the construction work under the instant construction contract.