Text
1. The Defendants are jointly and severally liable to the Plaintiff for 405,000,000 won and the Defendants B from November 15, 2014 to January 7, 2015.
Reasons
1. Indication of claim;
A. On March 4, 2014, Defendant C concluded a contract with the Plaintiff for the construction of a new building on the ground as the contract cycle for the construction of a new building on the ground D at the Namyang-si, Namyang-si, which set the construction amount at KRW 540,00,000.
B. On April 22, 2014, Defendant C again drafted a written contract under which the Plaintiff and the orderee of the said construction contract were changed to Defendant B. Of the construction price, the down payment is KRW 50,000,000, and the intermediate payment is KRW 150,000,000, and the intermediate payment is KRW 150,000,000 on the last day of each month, and the remainder amount is KRW 340,00,000,000.
After that, Defendant C changed the construction amount of the above construction contract to KRW 575,000,00 on behalf of Defendant B.
C. Around October 15, 2014, the Plaintiff completed the said construction. The Defendants paid only KRW 170,000,000 out of the construction cost.
Therefore, Defendant C is the first contractor for the construction project, and Defendant B is jointly and severally liable to pay the Plaintiff 405,000,000 won (=575,000,000 won - 170,000,000 won) and damages for delay calculated at each rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from November 15, 2014, one month after the completion date of the construction project. The above Defendant B was served with the duplicate of the instant complaint until January 7, 2015, and the Defendant C was served with the duplicate of the instant complaint until March 17, 2015.
2. Applicable provisions;
(a) Defendant B: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act
(b) Defendant C: Article 208(3)3 of the Civil Procedure Act (Decision by public notice)