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1. Defendant A and Defendant B jointly and severally liable for 22,239,200 won to the Plaintiff and the same from June 8, 2014 to February 2015.
Reasons
1. As to the plaintiff's assertion as follows as to the claim against the defendant A and B, the above defendants are deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act.
In other words, on April 20, 2014, the Plaintiff suspended construction works on June 7, 2014 while performing construction works by subcontracting KRW 72,00,00 among the new construction works of a multi-family house on the D ground in Chang-gu, Changwon-si (hereinafter “instant construction works”) from Defendant A, the Plaintiff promised to pay the said progress payment to the Plaintiff jointly with Defendant A, and the remainder of the progress payment that was not paid by the said Defendants reaches KRW 22,239,200.
Therefore, the above Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 22,239,200 as well as damages for delay at each rate of KRW 5% per annum under the Civil Act from June 8, 2014 to February 12, 2015, the delivery date of a copy of the complaint in this case, and KRW 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.
2. The Plaintiff’s determination as to the claim against Defendant C is that Defendant C, the owner of the said multi-household new construction works, gave up the construction works to Defendant A, the contractor, and Defendant C, the contractor, is jointly and severally liable to pay the payment for the completed portion to the Plaintiff. However, due to the reasons alleged by the Plaintiff, Defendant C, who did not have any direct contractual relationship with the Plaintiff, cannot be deemed liable to pay the payment for the completed portion to the Plaintiff. Therefore, the above assertion is without merit
On the other hand, even if Defendant C agreed to pay the payment for the completed portion to the Plaintiff, as Defendant C agreed to pay the instant construction cost directly to the Plaintiff, Defendant C is obligated to pay the payment for the completed portion to the Plaintiff, according to the written evidence No. 1.