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1. The Plaintiff:
A. Defendant A and B jointly and severally share KRW 166,397,400 and the aforementioned amount from December 29, 2012 to September 10, 2013.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that supplies steel materials to Defendant A and C operated by Defendant C, and Defendant Yong-Public Construction Co., Ltd. (hereinafter “Defendant Yong-Public Construction”) subcontracted part of the E Hospital Facilities Improvement and Extension Works (hereinafter “instant construction”) located in Goyang-si Co., Ltd. (hereinafter “instant construction”). The Plaintiff drafted a written agreement (Evidence No. 4) relating to the payment of steel materials supplied by the Plaintiff to C between the Plaintiff and the Plaintiff.
B. Around October 23, 2012, Defendant Construction subcontracted part of the steel framed to C Company, which was actually in charge of the instant construction. Defendant B requested the Plaintiff to supply steel framed materials necessary for the steel framed. On October 25, 2012, the Plaintiff entered into a joint business share agreement with C Company and supplied steel framed materials.
C. On December 18, 2012, while the Plaintiff supplied steel materials to C pursuant to the above joint business share agreement, the Plaintiff settled the price of the materials unpaid until the time, and prepared a joint business share agreement (amended by evidence 3-2) on the method of payment. The main contents of the agreement are as follows.
1. The contract on the division of the work shall be made up to the time the price for steel framed materials is deposited among the projects for improving and expanding the facilities of the relevant hospital.
(1,100 tons for steel materials). 4. Payment for steel materials shall, in principle, be made in cash as of the end of the month.
7. C Company shall pay 100,204,569 won (462.768 tons) payable to the Plaintiff by December 28, 2012, out of the total amount of 460,204,569 won (462.768 tons) incurred by the Plaintiff by November 30, 2012, and KRW 100 million out of the total amount of 200 tons of materials additionally supplied by the Plaintiff, out of the total amount of 200 tons of materials supplied by the Plaintiff, shall be paid in cash on December 28, 2012, and the remaining KRW 100 million on January 30, 2013.
8. Where C Company did not pay to the Plaintiff KRW 200,204,569 ( KRW 100,204,569) by December 28, 2012, the said Section 7 is not paid to the Plaintiff.