The Defendants jointly and severally liable to the Plaintiff for KRW 73,060,000, and Defendant B from March 11, 2020, and Defendant C from March 2020.

1. Basic facts

A. The Plaintiff is the owner of the instant building, the ownership transfer registration of which was completed on October 20, 2019 due to the purchase and sale agreement on October 7, 2019 with respect to the instant building in the Dong-gu Seoul Special Metropolitan City (hereinafter “instant building”). Defendant C is a person who operates construction business in its trade name; Defendant B is a person who operates construction business in the name of name; Defendant C and a person who completed Defendant B’s business registration with the trade name of “E” on December 2, 2019 as Defendant C and a person who was affiliated with his branch.

B. On November 15, 2019, F, the representative of the Plaintiff, made a contract for construction work (hereinafter “the first contract for construction work in this case”) with Defendant C, a contractor as F, and a contractor as E Company C, with the content that the instant construction work for the instant building (hereinafter “instant construction work”) was fixed as contract amounting to KRW 130 million and the commencement date of the construction work as of November 18, 2019.

2) At the request of Defendant C, F remitted the amount of KRW 13 million on November 15, 2019, and KRW 26 million on November 25, 2019, to the account of Gwangju Bank in the name of Defendant B for construction cost.

3) Defendant B registered a construction business operator under the trade name “E” on December 2, 2019.

4) On December 9, 2019, F and Defendant C drafted a new contract for the instant construction work with the Plaintiff “Plaintiff” and the contractor as “E Company B” (hereinafter “the instant contract for the second construction work”) on December 9, 2019, the contract amount of which is KRW 130 million on the starting date, December 9, 2019, and January 15, 2020 on the scheduled completion date.

Defendant B attended the said page immediately after the formation of the second construction contract of this case, and confirmed the second construction contract of this case. Defendant B received 65 million won of the construction payment paid by the Plaintiff on the said page through Defendant C.

5) Since the instant construction was not carried out smoothly thereafter, the Plaintiff was drafted by Defendant C “the construction schedule” on January 10, 2020, and Defendant C at the G attorney-at-law office on January 14, 2020.