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1. The Defendants jointly share KRW 40,000,000 with respect to the Plaintiff and the period from September 16, 2017 to December 20, 2018.
Reasons
1. Facts of recognition;
A. On September 20, 2016, Defendant B and D entered into a construction contract with Defendant C who operates a construction business under the trade name of “E,” under which Defendant C entered into the said new construction contract with the content that the construction cost for the new construction of F-based underground floors, and the third floor detached houses (hereinafter “instant building”) located in Yangcheon-gu Seoul Metropolitan Government was KRW 425,00,000,000, the date of commencement, October 7, 2016, the date of completion, and February 7, 2017, the date of completion of the scheduled construction plan; and one-one thousand,000, the construction cost for delay penalty was determined as KRW 1/1,000, and accordingly, Defendant C undertaken the said new construction
B. The Plaintiff was awarded a subcontract for removal and civil engineering works among the aforementioned new construction works by Defendant C, and subsequently demanded Defendant C to pay the subcontract price of KRW 40 million.
C. Accordingly, on June 16, 2017, Defendant C, along with Defendant B, prepared the “Agreement on Direct Payment of Subcontract Price” (hereinafter “instant direct payment agreement”) as follows, including the subcontract price for some other subordinate companies (hereinafter “instant direct payment agreement”), and signed by Defendant B, the owner of the building, and then delivered it to the Plaintiff after signing the agreement as the guarantor. The name of the direct payment agreement for the subcontract price: F new construction cost: F new construction cost: KRW 425,00,000 - the standard contract for the F new construction cost which was concluded on September 20, 16 by the owner of the building and E, with the owner of the building and E in full payment for the amount to be paid for the construction work - Any portion of the amount to be paid for the construction work out of KRW 141,00,000,000, which was not paid for the lease after completion of the contract, shall be treated by the owner of the building directly by E sub-contractor.
G Bank Plaintiff (A) of 15,000,000 Won 1 removal of the bank name deposit account number contact number of the bank deposit account No. 1 / Civil engineering works 40,000,000 Won H I 2 Work omitted of J Bank 15,00,000 Won 15,000 K Bank omission omitted of K Bank 15,000,000 Won 8,000,000 Won omitted of G Bank omission omitted of KRW 5,50,000, omitted 30,000,000 KRW 128,00,000,000 omitted of the L Bank.
(e).