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1. The Defendants are jointly and severally liable to the Plaintiff for 48,800,000 won and 5% per annum from December 13, 2016 to June 7, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person mainly engaged in tin works, etc. with the trade name of “D”, Defendant B is a representative of “E”, and Defendant C is a real manager of “E”.
B. The Defendants were awarded a contract from F for the new construction of G ground housing at the Gu Government-si, and on June 28, 2016, the Plaintiff was awarded a subcontract from the Defendants for 87 million won in tin construction work (excluding value-added tax).
C. The Defendants were awarded a contract with H and I for the new construction of housing on the ground of his/her own jurisdiction, and on June 28, 2016, the Plaintiff was awarded a subcontract from the Defendants for 71 million won of tin construction (excluding value-added tax).
The plaintiff completed all of the above stone works, and the completion of each of the above houses was completed on November 20, 2016.
E. The Plaintiff received payment of KRW 125 million, in total, from the Defendants, of KRW 30 million on July 11, 2016, KRW 50 million on July 22, 2016, KRW 30 million on August 9, 2016, and KRW 15 million on September 3, 2016.
[Ground of recognition] Facts without dispute, entries in Gap 1 through 10, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendants are jointly and severally liable (the plaintiff is referred to as "each person," but it is reasonable to view the plaintiff as joint and several liability) to pay the remaining construction cost of 48.8 million won to the plaintiff [=170 million won = (the amount of KRW 71 million) x 10% (including value-added tax) x 10 million x 10 million (including value-added tax) - 125 million won)] and damages for delay.
B. As to this, the defendants asserted that there is a defect in the above tin work, such as the plaintiff's failure to complete the work and the damage caused by the plaintiff's failure to complete the work, but there is no evidence to acknowledge it, and the above assertion
3. Thus, the plaintiff's claim against the defendants is justified.