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1. The Defendants are jointly and severally liable to the Plaintiff for 45,00,000 won and Defendant B, Inc. from February 1, 2018 to July 12, 2019.
Reasons
1. The part of the claim against Defendant B
A. On April 25, 2017, the Defendant Dispute Resolution Co., Ltd. entered into a subcontract to the Plaintiff for the Changho Construction Work (the payment date shall be within 60 days from the date of receipt of the object after completion) among the new construction works in Down-si, Nam-si, Nam-si, and the Plaintiff completed the Changho Construction Work on November 30, 2017, but Defendant B paid only KRW 47,500,00, and thereafter the remainder of the construction payment amount shall be KRW 49,50,00 (including value-added tax) between the parties. Accordingly, Defendant B Co., Ltd is obligated to pay the Plaintiff damages for delay from February 1, 2018 to the date of full payment, which is 60 days after the completion date.
(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);
2. The part of the claim against the defendant C
A. If the purport of the entire argument is added to the evidence Nos. 1 through 3 of the judgment on the Plaintiff’s cause of action, Defendant C entered into a contract with Defendant B for a new house construction project in the Namyang-si, Nam-si, in December 22, 2016. Defendant B entered into a direct payment agreement with the Plaintiff on April 25, 2017. Defendant B entered into a subcontract with the Plaintiff on April 25, 2017. The Plaintiff completed the construction project, but the Plaintiff was unable to receive KRW 49,50,000 from Defendant B, thereby receiving KRW 49,50,000 from Defendant B, and the Defendants agreed on October 8, 2018.
Therefore, Defendant C is liable to pay the Plaintiff the above KRW 49,500,000 and damages for delay, unless there are special circumstances.
B. As to Defendant C’s defense, etc., Defendant C asserted that Defendant C did not have any obligation to pay the construction price to the Plaintiff, but there is no evidence to acknowledge that Defendant C paid the construction price to the Plaintiff. (2) Defendant C did not have any obligation to pay the construction price to the Plaintiff as it paid the construction price to the Plaintiff. However, the above direct payment agreement is against Defendant C, the ordering person.