Text
1. The Defendants are jointly and severally and severally liable to the Plaintiff for 22,461,856 won and the period from December 3, 2013 to November 12, 2015.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) Defendant C’s site and its ground building in Kimcheon-si D (hereinafter “instant building”).
(2) On August 14, 2013, the Plaintiff concluded a contract for the construction of the instant building (hereinafter “instant construction contract”) with the Defendant B, the owner of the instant building, on the following grounds: (a) the Plaintiff was determined as “the commencement date August 12, 2013; (b) September 30, 2013; and (c) the contract amount of KRW 70,000,000 for the completion date of the instant construction project” (excluding value-added tax).
3) Upon the request of the Defendants, the Plaintiff carried out the additional construction work other than the instant building construction work. The additional construction cost incurred KRW 3,304,60, 316,40, and KRW 2,316,40, and KRW 5,760,80, and KRW 11,381,80,00, as the cost of the instant construction work and the said additional construction work for the construction of a warehouse. (4) The Plaintiff completed the instant construction work and the said additional construction work around November 2013.
5) Meanwhile, the Defendants paid KRW 21,140,000 to the Plaintiff several times as construction cost under the instant construction contract. 6) In addition, Defendant C paid KRW 23,80,000 on behalf of the Plaintiff the sales panel material cost related to the instant construction project on behalf of the Plaintiff.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings
B. According to the above facts, the Defendants jointly and severally disputed the Plaintiff’s joint claim for construction price payment against the Defendants, barring any special circumstance, and in light of the process of concluding the instant construction contract, the owner of the instant building, and the process of paying part of the construction price, etc., the Defendants agreed to jointly and severally pay the construction price at the time of the instant construction contract.
The remainder of KRW 36,441,00, except for KRW 44,940,00,000, the Plaintiff is the Plaintiff as the instant construction contract and the additional construction cost.