1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 40,230,00 and the period from May 20, 2017 to November 8, 2018.

1. Basic facts

A. On July 21, 2016, the Plaintiff, a construction business operator, made a subcontract (hereinafter referred to as “instant construction contract” when referring to the construction work, and when referring to the term “instant construction work,” and “the instant construction contract,” when referring to the term “instant construction work”) to perform all of the construction works of the five-story building on the ground (hereinafter referred to as “instant building”) from Defendant B Co., Ltd. (hereinafter referred to as “Defendant Company”). The main contents are as follows.

- Total contract amount: 159,00,000 won (excluding value-added tax) - The scheduled completion date of completion: October 10, 2016 - The warranty liability: submitted as a letter of performance (attached to a certificate of seal imprint) / The warranty liability rate: 3% of the total contract amount / the warranty liability period: Two years after completion.

B. The owner of the instant building was changed from F to Defendant C during the construction process, and the Plaintiff and the Defendant Company drafted a replacement contract (Evidence A No. 4) due to the change of the owner on October 25, 2016, and Defendant C guaranteed the obligation to pay the construction price of the Defendant Company.

C. According to the above modified contract, the other parts are the same as the existing construction contract in this case, and 85 million won out of the remainder in relation to the payment of construction price shall be paid upon completion of the aggregate, and the remainder KRW 10 million shall be paid upon completion of the construction contract.

Upon the completion of the instant construction, registration of preservation of ownership was completed in Defendant C’s name on May 19, 2017. On the same day, Defendant C also set up a collateral by obtaining a loan from a financial institution. However, the Plaintiff was not paid the remainder of KRW 45 million with the payment of KRW 50 million out of the aforementioned amount payable to the Plaintiff.

[Ground for Recognition: Unsatisfy, Evidence A No. 1-4, Purport of the whole pleadings]

2. Determination

A. According to the above facts supporting the cause of the claim, the Defendants jointly and severally liable for the payment of the construction cost of KRW 45 million and delay damages to the Plaintiff, unless there are special circumstances.