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1. Defendant B and C jointly share KRW 315,397,00 for the Plaintiff and Defendant C with respect thereto from August 6, 2015.
Reasons
1. Basic facts
A. On August 7, 2014, the Plaintiff and E jointly contracted 110 million won for the construction cost from Defendant B and C (i.e., KRW 25 billion for each consent x KRW 3700,000 for each flat construction unit x KRW 12 Dong and value-added tax x the construction period from August 11, 2014 to May 30, 2015, the Plaintiff and E jointly contracted 12 new construction works for seven parcels of land (hereinafter “instant construction works”).
B. Since then, E renounced all the rights to the instant construction, and withdraws from the above joint contractors, and the Plaintiff independently performed the instant construction work.
C. Defendant B borrowed KRW 200 million from G on September 16, 2014, and paid KRW 140 million among them to the Plaintiff as a progress payment. The Plaintiff completed six new construction works of single house until January 17, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 11 (including each number, hereinafter the same shall apply), Eul evidence 1 to 5, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Plaintiff was awarded a contract with Defendant B and C for the instant construction work, and completed six new construction works for detached houses equivalent to 50% of the total construction cost. Under the direction of Defendant B and C, the Plaintiff paid additional construction cost of KRW 42,061,00 in total while performing additional construction works, such as extended construction works, balcony construction works, and balcony room construction works. Defendant B and C are jointly and severally liable to pay the Plaintiff the total construction cost of KRW 597,061,00 ( KRW 1.11 million x 6 Dong/12 x 42,061,00) + Additional construction cost of KRW 14,00,000,000 for the fixed construction cost of KRW 60,359,000,000 for defect repair expenses, KRW 7,000,000 for the existing construction business operator prior to the commencement of the construction work, and KRW 36,50,000,000 for the remainder of construction cost of KRW 367,5,0000,0000.
B. Defendant D as the owner of the instant construction project, has six detached houses completed by the Plaintiff.