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1. The Defendants shall jointly and severally serve as KRW 239,579,000 on the Plaintiff and the period from March 14, 2017 to April 24, 2020.
Reasons
Basic Facts
A. The Defendants are joint business operators of the business “Esaeaeb” among D located in Yongsan-gu, Seoyang-gu, Seoyang-si (hereinafter “instant business”).
B. On September 3, 2016, the Plaintiff entered into a contract for construction works (hereinafter “the first contract for construction works”) with Defendant B and the instant workplace, setting the construction period from September 20, 2016 to January 20, 2017; and the construction cost at KRW 2,200,000,000.
C. On October 20, 2016, the Plaintiff entered into a contract for construction works with Defendant B to reduce the construction period from October 20, 2016 to November 28, 2016; and the construction cost to KRW 610,000,000 (hereinafter “the modified contract”).
The Plaintiff commenced construction on October 20, 2016, but suspended construction on December 3, 2016.
E. The Defendants paid the Plaintiff KRW 19,00,000,000 as construction price on November 16, 2016, and KRW 4,000,000 on November 26, 2016, and KRW 19,00,000 on November 28, 2016.
[Reasons for Recognition] Evidence Nos. 2 through 4, Evidence Nos. 4-1 to 3, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion appears to the purport that the Defendants jointly and severally seek construction cost payment from the contract to alter KRW 619,278,196 to the Plaintiff as joint business operators.
In this regard, 15% of the interest rate shall be paid from the day after the delivery of the complaint to the day of full payment.
B. The Defendants’ assertion (1) Defendant C did not conclude a contract for the instant construction work.
(2) The period of construction work performed by the Plaintiff is 42.39%, and since Defendant B paid the construction cost of KRW 19,000,000, Defendant B, the remainder of the construction cost payable by Defendant B is KRW 239,579,00.
C. (1) As recognized by the evidence revealed above, the Defendants are joint operators of the instant business, and the subject of the instant construction is a letter or facility within the instant business establishment, as seen in the judgment below.