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1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:
The defendants are the defendants.
Reasons
1. (1) Around 2016, the Plaintiff entered into a contract with Defendant B who uses the trade name “I” (hereinafter “instant contract”) on the construction period of the steel frame, sandd position panel, glass, windows, and miscellaneous construction (hereinafter “instant construction”) among the new construction works of two Dong-si G neighborhood living facilities (the first floor and the second floor buildings and the second floor buildings; hereinafter collectively referred to as “instant building”). At the time, Defendant C agreed to substantially perform the instant construction works, and jointly and severally guaranteed the obligation of Defendant B related to the instant contract, with the Plaintiff.
(2) The Defendants continued construction under the instant contract, and the Plaintiff paid the Defendants construction cost under the instant contract, and leased part of the construction cost to others after obtaining approval for the use of the instant building.
(3) The glass used in the instant work supplied the Defendant’s Intervenor D using the trade name “J” to the Defendants, and the panel used in the instant work supplied the Defendant’s Intervenor E’s agent to the Defendant’s Intervenor F, who operates the Defendant’s agency, supplied the Defendants.
(4) From April 2017, the Plaintiff demanded the Defendants to reconstruct the part in question if materials below the standard were used in the instant building and several defects were incurred.
(5) On November 15, 2016, Defendant B entered into a guarantee insurance contract with K Co., Ltd. with the Plaintiff as the insured, and on November 2, 2018, K Co., Ltd. paid KRW 10,859,254 as insurance money to the Plaintiff on November 2, 2018, and Defendant C paid Defendant C as a joint and several surety of Defendant B from November 19, 2018 to December 19, 2018.
(6) The above facts do not conflict between the parties, or there is evidence Nos. 1, 2, 2-1, 4-1 through 4, 5-1.