1. The Defendants jointly and severally pay 41 million won to the Plaintiff and 15% per annum from July 17, 2018.

1. Facts of recognition;

A. A. Around April 2016, D entered into a contract for the new construction of the E-building A (hereinafter “instant housing”) with Taedong Construction Co., Ltd. (hereinafter “Sai Construction Co., Ltd.”). On April 6, 2016, Non-Party Company subcontracted the completion date of the new construction of the instant housing to Defendant husband and wife (a business registration is completed to Defendant B, but Defendant C is a real representative) who engages in the construction business under the trade name “F” on April 6, 2016.

B. The Plaintiff purchased the instant house from D with KRW 485 million, and then tried to move into the said house on July 15, 2016, which is the scheduled date for moving into the said house at the time of the sales contract. However, the Plaintiff demanded D to repair defects due to the excessive increase of housing defects.

C. On September 1, 2016, in the Plaintiff’s presence, Defendant C and D drafted a written agreement stating that “The contractor shall repair the defect list (Attachment) required by the contractor for the defective construction of the instant housing and the complete completion thereof by September 30, 2016, and shall pay F a penalty of KRW 1 million per day from the day following the date of completion of the defect repair delay to the date of completion of the defect repair delay (hereinafter “instant agreement”).”

Defendant C, as the representative of “F” at the time, signed at the bottom of the consultation document.

However, the Defendants did not perform the defect repair work of the housing of this case thereafter, and the Plaintiff occupied the housing of this case after three months from the scheduled date of occupancy.

[Grounds for Recognition: Descriptions of Evidence A 1, 2, and 4, Gap evidence 6, and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the contract on the repair of the housing of this case was concluded by the preparation of the agreement of this case, and the parties to the contract of this case are the defendant couple and the parties to the contract of this case are the parties to the contract of this case, and the defendant C is directly responsible by signature, except where the "F" is indicated in the agreement