Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount shall be ordered to be paid.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Defendants constitute a joint supply and demand organization and received a contract from D for the construction of accommodation facilities in G and nine parcels (hereinafter “instant construction”). The Plaintiff is a construction company that received a subcontract from the Defendants for the construction of the instant construction works (hereinafter “instant construction works”).

On June 10, 2015, the Plaintiff concluded a subcontract (hereinafter “instant subcontract”) with the Defendants for the construction cost of KRW 1,677,50,000, the construction period from June 10, 2015 to December 30, 2015 (the subsequent change to February 28, 2016), and each of the contracted terms was set at 0.2% per day per delay compensation rate, and constructed the instant subcontract.

With respect to the object of the instant construction, on April 1, 2016, approval for the use of the competent administrative agency was granted.

[Ground for recognition] The facts that there is no dispute, Gap evidence Nos. 1 and 2, and the obligation to pay the unpaid construction cost as to the cause of the claim in the entire pleadings, as seen earlier, and the obligation to pay for the unpaid construction cost as to the cause of the claim in the principal lawsuit. ② The plaintiff completed the instant construction work with a subcontract from the defendants. ② The plaintiff completed the instant construction work. ③ The fact that the defendants not yet paid KRW 48,217,205 out of the construction cost of the instant subcontract was not disputed between the parties.

According to the above facts, the subcontract of this case constitutes a commercial activity for the Defendants, who are merchants and members, barring special circumstances, the Defendants, a joint subcontractor, are jointly and severally liable to pay 48,217,205 won to the Plaintiff pursuant to Article 57(1) of the Commercial Act.

In full view of the part Gap's evidence No. 28, the appraisal result of the first instance appraiser E, and the overall purport of the pleadings, which are recognized as one of the obligations to pay the additional construction cost, the plaintiff set forth in the subcontract of this case at the request of the defendants.