beta
Text
1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 59,00,000 and the Defendant A from April 16, 2013 to April 2014.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged by Gap evidence Nos. 1, 2, 3 (the authenticity of the entire document may be recognized by the witness F's testimony and the purport of the whole pleadings), Gap evidence Nos. 4, 5, Eul evidence No. 1, Eul evidence No. 15-1 through 5, witness F's testimony, and the notary public of this court can be acknowledged by taking into account the whole purport of the pleadings as a whole.
On January 1, 2013, Defendant A, C, and D made a joint investment in establishing a mutual health examination specialized hospital (hereinafter “instant hospital”) with the trade name “I” in the Nam-gu Daegu G and H ground buildings (hereinafter “instant hospital”). On January 17, 2013, the Plaintiff and Defendant A entered into a contract for the artificial engineering work of the instant hospital under the name of the Plaintiff and Defendant A (hereinafter “instant construction contract”).
B. According to the instant construction contract, the construction cost is KRW 319 million; the construction period is from January 17, 2013 to March 31, 2013; and the down payment is KRW 30 million on January 18, 2013; the down payment is KRW 80 million on February 5, 2013; KRW 150 million on February 15, 2013; KRW 40 million on March 15, 2013; and KRW 19 million on April 15, 2013.
C. The Plaintiff is a person who received payment of KRW 260 million in total as of January 18, 2013, KRW 80 million on February 7, 2013, KRW 140 million on February 14, 2013, KRW 30 million on March 28, 2013, and KRW 260 million on April 1, 2013.
Upon completion of the construction work under the instant construction contract, the instant hospital was operated by Defendant E, a doctor on April 5, 2013, starting its business with the trade name of Jwon, and was closed around December 31, 2013.
2. Determination as to claims against Defendant A, B, C, and D
A. According to the above facts of determination as to the cause of the claim, the above Defendants ordered the instant construction to the Plaintiff to jointly establish and operate the instant hospital. Therefore, special circumstances exist.