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1. The Defendants are jointly and severally liable to the Plaintiff for 8,300,000 won and 6% per annum from February 27, 2016 to December 7, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a person engaged in the construction business, etc. under the trade name of “D,” and Defendant C is the owner of the building listed in the attached Table (hereinafter “instant building”), and Defendant B is the spouse of Defendant C.
B. The Defendants were awarded a contract to F engaged in the construction business in the name of E (the actual operator is G), and the Plaintiff was awarded a subcontract from G to the date, waterproof, aesthetic works, etc. during the said construction.
C. Around March 16, 2015, G renounced the construction upon completion of only the first floor of the instant building; the Defendants decided to directly construct the second floor; and under H’s main line, the Plaintiff entered into a labor contract with the third, waterproof, and aesthetic works during the second floor construction.
Defendant C completed registration of ownership preservation on March 18, 2015 with respect to the first floor of the instant building, and completed registration of change of indication due to extension on November 17, 2015 as the construction of the second floor was completed.
【In the absence of dispute over the grounds for recognition, Gap evidence 4-1, 2, and 6-1 through 6, Eul evidence 9 through 14, Eul evidence 1, 2, 4, 8, 9, each statement of evidence 9, witness I, J, and K's testimony (excluding the part not trusted in the front and rear), witness H's testimony, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff's assertion 1) while the plaintiff was not paid the construction cost of the first floor of the building in this case by E, the plaintiff completed the construction work of the second floor with the promise of the defendant to pay the construction cost of the first floor if the plaintiff completed the construction work of the second floor. Therefore, the defendant is obligated to pay the plaintiff the total amount of 22,659,800 won due to the plaintiff's payment of the construction cost of the first floor and the second floor of the building in this case.