1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 33,658,151 as well as 5% per annum from April 18, 2017 to July 6, 2018.

1. Determination on the cause of the claim

A. (1) On July 21, 2016, the Plaintiff entered into a contract with the Defendants for the new construction of urban residential housing (hereinafter “instant construction”) on one parcel, other than Pyeongtaek-si G, for the construction cost of KRW 590,00,000 (excluding value-added tax). Around that time, the instant construction was commenced and obtained approval for the use of new housing around February 27, 2017.

(2) Meanwhile, around August 2016, Defendant C, while operating the KH, subcontracted the said construction to the Plaintiff at KRW 22,00,000,000 (including value-added tax) for the said construction to the Plaintiff, and the Plaintiff completed the said construction from August 2016 to September 201.

(3) From August 4, 2016 to February 6, 2017, the Defendants paid to the Plaintiff a total of KRW 593,163,168 on twelve occasions. From September 30, 2016, the Plaintiff appropriated KRW 22 million out of the aforementioned KRW 593,163,168 to the subcontract price for the instant construction work, and appropriated the remainder of KRW 571,163,168 as part of the instant construction cost.

【Ground for Recognition: Facts without dispute, Gap evidence 1 through 9 (including the provisional number; hereinafter the same shall apply)

) The purport of the entire pleadings in each entry (including the serial number) in Eul evidence Nos. 1 to 5

B. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff the accrued construction cost of KRW 649,00,000 (=590,000,000 value-added tax of KRW 59,000,000) which was unpaid (=649,000,000 - KRW 571,163,168) and the delay damages therefrom (=649,000 - KRW 571,63,00).

2. Determination as to the defendants' defense

가. 미시공, 하자 등 주장 부분 피고들은 원고가 이 사건 공사 중 엘리베이터 입구 대리석 시공불량, 복도 방충망 미시공, 주차장 방지턱 및 마감 미시공, 주차장 경계석 및 토사 유실, 원룸 샷시 이격발생, 화장실 냄새발생 등의 미시공 또는 하자가 발생하였으므로 잔여 공사대금을 지급할 수 없다는 취지로 다투나, 건물 신축공사의 공정이 종료되고 주요 구조 부분이...