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1. The Defendants shall jointly and severally serve as the Plaintiff KRW 19,269,00 and as a result, from January 11, 2014 to September 30, 2015.
Reasons
1. Determination as to the cause of claim
A. The following facts are either not disputed between the Plaintiff and the Defendant, or may be acknowledged by taking into account the following facts: (a) the entries in the evidence Nos. 5 and 6; and (b) the overall purport of the pleadings against the Defendant B.
1) The Plaintiff is a construction project to create an arboretum in Jeonnam-gun, Jeonnam-gun (hereinafter “instant construction project”).
(2) Defendant B provided labor to Defendant B from October 2006 to October 25, 201, and purchased materials at his own expense. Defendant B provided the Plaintiff with wage and material cost through his or Defendant C’s deposit account in the construction process of the instant case, and had the Plaintiff calculated and confirmed the unpaid wage and material cost from time to time in verifying the Plaintiff’s account book.
3) On February 2012, the Plaintiff asserted that the total amount of the unpaid wages and material costs was KRW 36,269,000,000, while presenting its account books to Defendant B. Defendant B stated that the total amount of the unpaid wages and material costs was KRW 22,269,000 ( KRW 36,269,000-14,000) on the ground that the payment was already made. 4) Thereafter, Defendant B paid KRW 3,00,000, which is part of the unpaid wages and material costs to the Plaintiff on May 29, 2012.
B. Furthermore, the Plaintiff asserted that Defendant C was the spouse of Defendant B and was supplied with materials that he received from the Plaintiff as joint business operators of the instant construction project with Defendant B, and the said assertion is deemed to have led to the confession of the said Defendant pursuant to the main sentence of Article 150(3) of the Civil Procedure Act between the Plaintiff and the Defendant C.
(c) If several persons assume an obligation to one or all of them as a result of an act which has been engaged in a commercial activity, they shall be jointly and severally liable;
(Article 57(1) of the Commercial Act provides that the Defendants shall jointly and severally pay 19,269,000 won (=22,269,000-3,000,000) for the total amount of the accrued wages and materials to the Plaintiff.