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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 22,530,358 won and the period from September 17, 2013 to November 25, 2016.
Reasons
1. Basic facts
A. (1) The Plaintiff and the Defendants are engaged in landscaping construction business; Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaging in new construction, sale, and lease of housing; Defendant C is the actual operator of Defendant B.
(2) The Plaintiff introduced, through D, the site creation work for the Busan-gun E (hereinafter “instant site construction work”) that Defendant B performed, and agreed to accept the said construction work.
(3) However, the Plaintiff did not obtain a license for civil engineering works, and agreed with the non-party company and the Defendant B by receiving a subcontract for the instant site creation work from Defendant B under the name of F Co., Ltd. (hereinafter “Non-party company”).
(4) Accordingly, on October 5, 2009, the Plaintiff entered into a contract with the non-party company, the contractor, and the contractor, and the defendant B, on October 8, 2009, with the date of the commencement of the construction of the site in this case as of February 8, 2010, with the expected date of completion set at KRW 1 billion, and the contract amount as of February 8, 2010, with the construction amount set at KRW 1 billion, and entered into a standard contract for private construction works (a evidence 1). At the time, the defendant C was a guarantor for the above contract amount against the plaintiff in this case.
B. On April 2010, after the completion date of the instant site development project, the Plaintiff’s waiver of construction and the Plaintiff’s completion date of the instant site development project, the Plaintiff failed to pay equipment costs, meals, material costs, etc., and eventually ceased the instant site development project. As such, the Plaintiff and Defendant B drafted a letter of waiver of construction to the following purport on June 2010.
1. In the instant construction project, since the construction progress and the obligation of payment of construction cost (rent and wage) has not been performed, resulting in a failure in the construction project, F Co., Ltd. and the Plaintiff shall waive the construction project.
2. Prior to January 29, 2010, the portion of the claim construction cost due to the construction of the instant construction is the contracting company.