1. The Defendants jointly share KRW 20,000,000 with respect to the Plaintiff and 6% per annum from May 9, 2016 to November 30, 2016.

1. Basic facts

A. The Plaintiff is an individual entrepreneur who manufactures plastic city container, etc. under the trade name of “D”, and Defendant B (hereinafter “Defendant Company”) is a company engaging in electrical construction business, etc., and Defendant C is a person who was working as a director of the Defendant Company.

B. On November 2015, the Plaintiff entered into a contract with Defendant C, a representative of the Defendant Company, under which the Defendant Company would replace the general light, etc. of the factory operated by the Plaintiff with PED, etc. (hereinafter “instant construction contract”) (hereinafter “instant construction contract”), and the same month.

4. The Defendant Company paid the construction cost of KRW 20 million.

C. However, the Defendant Company did not perform the instant construction, and on April 24, 2016, Defendant C promised to replace the factory, etc. with the factory, etc. on April 30 to May 1, 2016, to pay 300% of the down payment amounting to 20 million won to the penalty. In addition, Defendant C promised to pay the Plaintiff a performance agreement (Evidence 3) stating that “I will not take civil and criminal responsibility.”

Defendant C did not implement the instant construction even after the said performance agreement was made.

On October 21, 2016, the Plaintiff sent to the Defendant Company a certificate of content that the instant construction contract should be cancelled on the grounds of delay in the performance of construction works by the Defendant Company, and the Plaintiff requested the return of the construction cost. The said certificate reached the Defendant Company on October 24, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The Plaintiff paid KRW 20 million to the Defendant Company as construction price pursuant to the instant construction contract, the Defendant Company’s failure to perform the instant construction work, and the Plaintiff’s delay of performance due to delay of performance.