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1. Defendant D and E are jointly and severally liable to Plaintiff A for KRW 82,068,110 and the same on May 17, 2019.
Reasons
On January 19, 2018, Defendant C Co., Ltd. (hereinafter “Defendant C”) was awarded a subcontract for the construction of the structures of 1 to 1, 1, and 2 sections of G road (hereinafter “instant construction”) during the construction period from June 26, 2017 to December 31, 2021, for which F Co., Ltd. received a contract from the Daejeon Regional Land Management Office (hereinafter “instant construction”) as KRW H-I during the construction period, from June 26, 2017 to December 31, 2021.
Since then, Defendant C again ordered Defendant D (hereinafter “Defendant D”) and J to re-subcontracted the instant construction cost for KRW 1,144,838,450 during the instant construction work to Defendant D and E managing the J.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 and 2, the whole purport of the pleadings, and the plaintiffs' claims to determine claims against defendant D and E are as shown in the attached Form No. 3.
Defendant E (Article 208(3)2 of the Civil Procedure Act) submitted a formal reply to the effect that the claims of the plaintiffs are dismissed without stating any substantial reasons for the plaintiffs being served with a written complaint and claiming the plaintiffs' claims, and did not appear on the date of pleading, so it is deemed that all the plaintiffs' arguments were led to a confession in accordance with Article 150 of the Civil Procedure Act.
According to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is 12% per annum from June 1, 2019. Thus, the portion of the claim for delay damages exceeding the annual 12% from June 1, 2019 is rejected.
As to the claim of the Plaintiff Company A (hereinafter “Plaintiff Company”) regarding the determination of the Plaintiffs’ claim against Defendant C, the Plaintiff Company asserted that the Plaintiff Company leased necessary materials to the Defendants, including Defendant C, necessary for the instant construction. As such, Defendant C is unpaid rent to the Plaintiff Company.