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Defendants are jointly and severally liable to the Plaintiff for 490,000,000 won and 5% per annum from December 4, 2012 to January 8, 2016.
Reasons
Facts of recognition
A. On April 23, 2012, the Plaintiff filed a lawsuit against the agricultural partnership D (hereinafter “D”) seeking the payment of the acquisition amount, and was sentenced to a favorable judgment on November 15, 2012 (hereinafter “related case judgment”), and the said judgment became final and conclusive on December 4, 2012, and the facts acknowledged in the said judgment are as follows.
① On December 17, 2008, D With respect to the construction of a new building (hereinafter “instant construction”) in E, F, G, and H (hereinafter “each of the instant lands”), E, G, and H (hereinafter “instant each of the instant lands”) (hereinafter “instant construction”) at E, F, G, and H (hereinafter “instant each of the instant lands”), the contractor shall: (i) the Defendant C (former name: I); (ii) the contractor, the contractor, the mailing construction; (iii) the construction cost; and (iv) the construction period from January 15, 2009 to January 15, 2009.
4. A contract for construction works with the end of 15 (hereinafter “instant contract for construction works”) was concluded.
② On February 7, 2009, with the name of the subcontractor as J Co., Ltd. (hereinafter referred to as “J”) and with respect to the steel frame portion of the instant construction from the Plaintiff and the instant construction, 470,000,000, and with respect to the construction period from January 20, 2009, with the construction period as from February 7, 2009
3. A contract was entered into with the content of subcontracting up to 20.20 (hereinafter “instant subcontract”).
③ After that, the Plaintiff completed construction work under the instant subcontract.
④ On March 6, 2009, the Plaintiff entered into a subcontract with Hansung Comprehensive Construction Co., Ltd. by setting the construction cost of KRW 525,000,000, and concluded a new subcontract of this case with the subcontractor as the subcontractor was changed to KRW 470,000. D agreed on March 6, 2009 to compensate the Plaintiff for the difference of each of the above construction cost of KRW 20,000,000.
⑤ When completion of the instant building is delayed due to additional works, etc., D is modified on June 29, 2009.