1. The Defendants shall jointly and severally pay to the Plaintiff KRW 98,00,000 and the interest rate thereon from April 20, 2017 to the date of full payment.

1. Facts of recognition;

A. On September 1, 2015, the Plaintiff entered into a contract with Defendant B on September 2, 2015, designating the date of commencement of the construction work for the root production and the new construction work for detached houses (hereinafter “instant construction work”) under the name of Defendant B C Co., Ltd. as the representative of Defendant B (hereinafter “instant construction work”). October 30, 2015 on the completion date; the construction work price of KRW 273,000,000 on October 30, 2015 on the completion date; and KRW 2 million on the delay penalty day.

B. On September 14, 2015, Defendant B intended to guarantee the Plaintiff’s execution of the instant construction work in the Defendant Newsung F&C Construction (hereinafter “Defendant Company”), and the Plaintiff entered into a contract between the Defendant Company and the Defendant Company, setting the construction cost of KRW 2.5 million (excluding value-added tax) with respect to the interior works among the instant construction works, and entered into a contract with the Defendant Company as the contractor. The agreement was entered into between the Defendant Company and the Defendant Company, the original contractor, and the Defendant B, with which the Plaintiff would pay the subcontract price directly to the Defendant B.

C. The Defendants completed the instant construction work on December 18, 2015, for which the completion date agreed upon more than 49 days due to the delay of interior works.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 8, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, Defendant B is a contractor of the instant construction project, and the Defendant Company is jointly and severally liable for the instant construction project as a joint contractor or a guarantor. Thus, the Defendants are jointly and severally liable for liquidated damages to the Plaintiff (=2 million won x 49 days x 49 days), barring any special circumstance.

B. As to this, the Defendant Company was able to execute the instant construction works only by the company holding a comprehensive construction license, and the Plaintiff entered into a contract with Tae Young General Construction Co., Ltd. (hereinafter “Nonindicted Company”), and thus, the Defendant Company is not the Defendant Company but the Nonparty Company.