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1. Defendant B’s KRW 66,00,000 as well as 5% per annum from June 3, 2015 to August 24, 2015.
Reasons
1. Determination as to the claim against the defendant B
(a) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);
B. (1) On March 17, 2015, the Plaintiff filed a claim with Defendant B for a single house of the 2nd floor of a reinforced concrete structure of 173 square meters in Daegu-gun, Daegu-gun, (D), 173 square meters, (hereinafter “instant building”).
) New construction works (hereinafter referred to as “new construction of this case”)
(2) The following construction works (hereinafter referred to as “instant subcontracted construction works”)
A) The construction cost of 65,00,000 won (excluding value-added tax) was subcontracted to 65,000 won for the construction work. ① The studio of the first floor (2) the outer stud ston of the second floor (3) the outer stud studs of the second floor, the stud studs of the second floor, and the studs of the rail studs (in case of wards: studs, fences: the studs, and the studs): 5,00 won in general. 65,00 won in the middle of the subcontracted construction (7,00,000 won in the middle of the subcontracted construction (7,00,000 won in the middle of the subcontracted construction).
3) On May 10, 2015, the Plaintiff completed the instant subcontracted project and the instant additional construction project. 4) The Plaintiff was paid KRW 12,000,000 as part of the construction cost by Defendant B around June 2015.
5) Therefore, any balance of the subcontract price of this case and the additional construction cost of 66,00,000 won (=65,000,000 additional construction cost of 65,000,000 won - value added tax of 12,00,000,000 won for the received construction cost of this case)
2. Determination as to the claim against Defendant C
A. 1) Whether Defendant C’s guarantee for the obligation to pay the construction price was guaranteed by Defendant C as to the obligation to pay the subcontract price of this case to the Plaintiff in Defendant B’s assertion. 2) The Plaintiff submitted the Plaintiff’s certificate No. 3 (the subcontract construction contract of this case) as evidence as to the assertion of guarantee by Defendant C. However, the said document cannot be used as evidence supporting the Plaintiff’s assertion because its authenticity is not recognized.