1. As to Defendant B and C’s joint and several liability amounting to KRW 900,754,000 and KRW 814,00,000 among them, March 8, 2014.

Facts of recognition

Defendant C (hereinafter referred to as “C”) promoted the project of constructing a new urban-type residential house (60 households) on the land of Guro-gu Seoul Metropolitan Government and F, the representative director of which is Defendant B, and obtained approval from the competent authority on June 9, 2011. On May 14, 2012, the Defendant C (hereinafter referred to as “C”) received notification for the alteration of the construction site of the said new construction project from G Co., Ltd. to G Co., Ltd. (hereinafter referred to as “G”) to G Co., Ltd. (hereinafter referred to as “G”).

On June 11, 2012, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with Defendant B with respect to the said new housing construction project (hereinafter “instant construction project”) with the construction cost of KRW 3.12 billion (i.e., KRW 2.7 billion construction work) (i., KRW 395 million construction work). Defendant D, H, I, and J, the investors of the instant construction project, jointly and severally guaranteed the Defendant B’s obligation to pay the construction price under the instant construction contract with the Plaintiff on the same day.

On June 15, 2012, the Plaintiff borrowed the name of G with a comprehensive construction business license, and again drafted a construction contract form with Defendant C, which covers the construction cost of KRW 2.7 billion for the instant construction works among the instant construction works.

Article 3(2) of the instant construction contract provides that the Plaintiff shall be paid KRW 60 million at the time of commencement of the construction work from Defendant B, KRW 40 million at the time of conclusion of the construction work, KRW 20 million at the time of completion of the 3th floor above the ground of the pelvis construction, KRW 200 million at the time of completion of the pelvis construction, KRW 100 million at the time of completion of the pelvis construction, and KRW 100 million at the time of completion of the pelvis construction, and the remainder of the construction cost shall be paid within 5

The Plaintiff continued the construction work in accordance with the instant construction contract, completed the structural construction work, and commenced the finishing construction. However, the mother of Defendant B (the current representative director of Defendant C) incurred legal disputes between Defendant C and the said joint guarantor, thereby suspending the instant construction work around December 2012.

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