공사대금
1. The Defendants jointly and severally pay KRW 42,930,000 to the Plaintiff, but KRW 5,070,000 among them is Defendant B.
3. Three percent defect liability period: 12 months after completion of the total construction;
B. Since then during construction, the Plaintiff and the Defendant Company agreed to change the contract amount of the instant subcontracted project into KRW 169,00,000 (including value-added tax), the construction period from April 9, 2018 to June 30, 2018, and the Plaintiff completed the construction within the agreed period.
C. Around the completion of the above construction work, the Defendant Company paid the Plaintiff the construction cost of KRW 125,00,000,000, and the remainder of KRW 44,000,000 (hereinafter “instant confirmation”) was prepared and issued to the Plaintiff with the following confirmation form (hereinafter “instant confirmation form”). The Defendant C, the representative director of the Defendant Company, agreed to jointly and severally pay the obligation under the above confirmation form.
On October 31, 2018, the date of payment of the amount first 10,000,000 and second 20,000,000,000 on November 16, 2018, the payment on the date of receipt of the completion money for environmental improvement works inside the G Office of Education (price payment plan) on December 10, 2018 * Special engineer’s duty to pay for the above outstanding amount and to compensate twice the amount if not fulfilled.
Defendant Company paid to the Plaintiff KRW 10,000,000 on October 31, 2018, and KRW 10,000,000 on November 21, 2018, respectively, but did not pay the remainder of KRW 24,00,000.
On December 26, 2018, Defendant Company received the completion money from the G Office of Education for the internal environmental improvement work.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 4, the purport of whole pleadings
2. Assertion and determination
A. According to the above facts finding as to the cause of the claim, even though the Defendants agreed to pay the remainder of KRW 44,00,000 in installments upon the instant written confirmation, the Defendants failed to pay KRW 24,000,000 within the given period, barring any special circumstance, jointly and severally to the Plaintiff KRW 48,000,000 (the outstanding balance of KRW 24,000,000,000) and the penalty for breach of contract under the special articles out of the instant written confirmation of KRW 24,000).