1. Defendants B and C are jointly and severally liable to the Plaintiff for KRW 45,000,000 and each of them, Defendant B from September 10, 2015, and Defendant B.

1. Basic facts

A. On August 6, 2012, Defendant C entered into a contract with Defendant D for the construction of a new ground neighborhood living facility (hereinafter “instant construction”) located in 189, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 189, with the terms and conditions of the contract for the construction of a new site living facility (hereinafter “instant construction”) by setting the construction cost of KRW 220,000,000 and the construction period from August 6, 2012 to October 30, 2012.

B. On August 16, 2012, the Plaintiff entered into a subcontract with Defendant B, setting the construction cost of reinforced concrete construction work as KRW 95,00,000, and the construction period as from August 16, 2012 to October 15, 2012.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's summary of the cause of the claim completed the construction work after concluding the above subcontract. The defendant Eul directly concluded the contract with the plaintiff. The defendant Eul is a joint work executor with the defendant Eul, and the defendant Eul is jointly and severally liable to pay the plaintiff KRW 45,000,000, not paid out of the construction price of KRW 95,000,000, pursuant to Article 14 of the Fair Transactions in Subcontracting Act.

3. Determination as to claims against Defendant B and C

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant C: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

4. Determination as to the claim against Defendant D

A. The plaintiff's assertion that the plaintiff filed a claim for construction cost by preparing a written statement of direct and unpaid payment to the defendant B and C, and the defendant D is obligated to pay the construction cost to the plaintiff pursuant to Article 14 of the Fair Transactions in Subcontracting Act.

[This case] Article 14 (1) 2 of the above Act (which seems to be asserted by the ordering person, the principal contractor, and the subcontractor to pay the subcontract price directly to the subcontractor)

Judgment

According to Gap evidence Nos. 2 and 3, the defendant C prepared a contract with the defendant around March 20, 2013.