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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 60 million and the Defendants C with respect thereto from March 6, 2019, and Defendant B with respect to the said amount.
Reasons
1. Facts of recognition;
A. On March 10, 2014, the Plaintiff: (a) performed construction works at KRW 196,350,000 of the total construction cost under the direction of the Defendants with respect to civil engineering creation works, reinforcements, and retaining wall works, which were ordered under the name of Hyeong-gun Co., Ltd.; (b) around March 10, 201; and (c) completed construction works on April 9, 2014.
B. On April 17, 2014, the Defendants drafted the following work confirmations to the Plaintiff.
(A) The name of work: F quantity: 19,6350 square meters of reinforced earth retaining wall: The remainder of KRW 120 million: KRW 7,6350,000,000: KRW 7,6350,000.
4.9. Any balance remaining after completion shall be paid within 20 days after the completion of site creation works.
C signed A on April 17, 2014, which is the confirmatory C’s signature A
C. Defendant C paid to the Plaintiff KRW 6 million on August 2, 2016, and KRW 4 million on August 2, 2016.
【Ground for Recognition: Evidence Nos. 1 and 2, and Defendant B: Judgment by service (Article 208(3) and (3) of the Civil Procedure Act)
2. The Plaintiff’s alleged Defendants: (a) were construction business operators who lent a construction license of a D company and actually performed construction work; (b) did not pay KRW 76,350,000 out of the total construction cost; and (c) subsequently, the Defendants agreed on the remaining amount of claims of KRW 6,350,000 among KRW 76,350,000 on August 2, 2016, and the remaining amount of claims of KRW 7,350,000,000,000 to be paid by Defendant C, on the day.
The payment of the above amount shall be sought.
3. According to the above facts of determination as to the cause of the claim, the Defendants are liable to pay the Plaintiff the construction cost of KRW 60 million.
Therefore, as the Defendants jointly and severally seek against the Plaintiff the above KRW 60 million and the Plaintiff’s claim against this, the Defendants C from March 6, 2019, which is the day following the delivery date of a copy of the complaint, and Defendant B from May 12, 2019, which is the day following the delivery date of the copy of the complaint, until May 31, 2019, respectively.