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1. The Defendants’ respective Plaintiff KRW 94,206,487 as well as 5% per annum from October 5, 2016 to August 14, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company with the objective of the construction business of facilities and fire fighting, and the Defendants are the owners of the Daejeon Seo-gu Ctel.
The Defendants, as co-owners, ordered the said Ctel construction work (hereinafter referred to as the “instant new construction work”) to the Large-Scale Co., Ltd.
B. (1) On July 3, 2015, the Plaintiff entered into a subcontract (Evidence 1) with the term “construction cost of KRW 385,000,000” and “the construction period of construction work from July 10, 2015 to January 31, 2016,” which stipulates that the Plaintiff will accept the said subcontract (Evidence 1).
(2) On July 3, 2015, the Defendants drafted a direct payment agreement (Evidence A3-1) with the content that the Defendants shall directly pay the Plaintiff the construction cost for the portion executed by the Plaintiff.
C. (1) On January 29, 2016, the Plaintiff entered into a subcontract modification contract (Evidence (Evidence 2) with Daedae-dae Construction Co., Ltd. with the effect that “429 million won for construction cost” and “the completion date of the publication period” (where the content of the modification is not fulfilled, the relevant document will be null and void) on March 10, 2016.
(2) The Defendants drafted a direct payment agreement (Evidence A 3-2) with the content that the remaining payment of KRW 120,761,000, out of the increases in the construction cost between the Plaintiff and the Daedae-dae Co., Ltd. shall be paid directly to the Plaintiff.
In paragraph 5 of the direct payment agreement, the subcontractor shall submit to the contractor a defective performance bond after the preparation of the direct payment agreement of the subcontract price by applying the warranty period of two years, and shall complete the work before the direct payment of the subcontract price.
(1) On April 27, 2016, the Defendants, such as direct payment of the Defendants’ subcontract price, are the Plaintiff’s completion inspection of fire-fighting systems.