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1. The Defendants jointly share KRW 10,000,000 with the Plaintiff and KRW 5% per annum from December 7, 2015 to January 13, 2017.
Reasons
1. Facts of recognition;
A. On October 18, 2012, the Plaintiff awarded a contract for the construction of a tourist hotel (hereinafter “instant hotel”) in the name of “D” (hereinafter “instant construction”) on the land of the Nam-gu Incheon Metropolitan City, Nam-gu, for a period of KRW 8,187,080,00, and for a construction period of KRW 10,00 from December 10, 2012 to November 30, 2013.
B. On November 21, 2013, DongHa Construction awarded a subcontract for the part of the internal film construction of the instant construction to Defendant B, with the period from November 21, 2013 to March 31, 2014, with the payment for the interior film construction of KRW 51,469,00, and the period from November 21, 2013 to March 31, 2014. On January 6, 2014, Defendant Beneficiary L&C Co., Ltd (hereinafter “Defendant Company”) awarded a subcontract for the part of the instant construction of the instant construction during the period from January 6, 2014 to March 31, 2014.
C. From March 2014, 2014, as the construction of Eastern was unable to pay the subcontracted construction cost to the subcontractors including the Defendants due to the aggravation of financial standing, the instant construction was suspended.
In order to resume the construction between September 2014 and December 2014, the Plaintiff paid to subcontractors, including the Defendants, part of the amount of the subcontract for the construction of the said sub-construction (the received amount of KRW 20 million, Defendant Company 18 million, and Defendant Company 18 million) on behalf of the Defendants, and the instant construction was resumed and completed on January 29, 2015. The Plaintiff reported the business of the instant hotel and registered its business on January 29, 2015, and started the hotel business around that time.
On September 16, 2015, the Incheon Southern Police Station reported an outdoor assembly in the name of D Hotel Credit Group (representative Defendant B) that "a meeting is held on September 19, 2015 to October 15, 2015 on September 19, 2015, at the delivery of the instant hotel 08:0-19:00 to October 15, 2015," and on September 21, 2015, that "a meeting is held on September 24, 2015 to demand the payment of construction cost at the delivery right and right and right and right and right of the hotel after the hotel of this case."