1. Of the judgment of the court of first instance, the part against the plaintiff is modified as follows.

(1) The Defendants are jointly and severally liable to the Plaintiff.

1. The summary of the case and the facts premised on the case

A. The summary of the case is the case where the Plaintiff, the contractor of the construction project, agreed to pay the Plaintiff the settlement amount (1,190,345,679 won) and the delayed payment amount (1,190,345,679 won) by asserting that the Defendants, who were the contractor, agreed to pay the Plaintiff six households of multi-household housing, which the Defendants agreed to pay to the Plaintiff as the rebuilding construction cost, directly disposed

The Intervenor succeeded to the Plaintiff’s claim of KRW 950 million among the Plaintiff’s claim for the settlement of accounts against the Defendants ( KRW 160 million for Defendant C, D, E, F, and G, and KRW 150 million for Defendant H). Upon receiving an order of seizure and assignment of claims, the Intervenor sought payment of the settlement amount as a claim for the total amount of the settlement, against the Defendants, who are the third obligor.

The judgment of the court of first instance dismissed the Plaintiff’s claim on the grounds that the Plaintiff’s claim for settlement of accounts against the Defendants (446,284,535 won) was fully satisfied to the intervenors, and accepted part of the Intervenor’s claim (the Defendant each 74,364,070 won) and dismissed the remainder of the Intervenor’s claim.

Accordingly, the Intervenor and the Defendants appealed against each part of the lost part, respectively.

(B) The plaintiff filed an incidental appeal in this court.

전제된 사실관계 【증거】갑1 내지 3, 갑4의 1 내지 6, 갑8, 갑9의 1, 2, 3, 갑11, 갑12의 1, 2, 3, 갑15, 갑17의 1, 2, 3, 갑18, 갑38의 1, 갑41, 을23과 변론 전체의 취지 ⑴ 원고와 피고들 사이의 공사도급계약 ㈎ 원고는 2003. 6. 25. 피고들과 사이에 피고들 공동소유의 서울 강남구 I 대 168.5㎡와 J 대 278.1㎡에 있던 기존 주택을 철거하고 다세대주택(지하 1층, 지상 7층, 연면적 1,608.42㎡)을 재건축하기로 하는 다음과 같은 내용의 공사도급계약을 체결하였다.

- 공사대금 14억 4,500만 원(부가가치세 약정 없음) - 공사기간 2003. 7. 15.부터 2004. 7. 15.까지 ㈏...