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1. The Defendants jointly share KRW 206,222,00 with respect to the Plaintiff and Defendant B with respect thereto.
Reasons
1. Basic facts
A. The status of the party is 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).
(1) The Defendant C Co., Ltd. (hereinafter “Defendant C”) is an executor of the new E-construction works conducted in Seoul Special Metropolitan City, Nowon-gu, Seoul.
(2) The Plaintiff is the subcontractor who subcontracted the installation work of the machinery and equipment (hereinafter “instant installation work”) from Defendant C among the said new installation work.
B. On December 12, 2016, the Plaintiff entered into a subcontract with Defendant C on the condition that the contract amount of KRW 1,216,00,000 (including value-added tax) with respect to the instant mechanical equipment installation works and that the said subcontract will be subcontracted during the construction period from December 12, 2016 to February 20, 2018. On April 6, 2018, the Plaintiff and Defendant C entered into a modified contract (hereinafter collectively referred to as “instant subcontract”) with the content that the construction period is extended from December 12, 2016 to April 6, 2018.
C. Around May 2018, the Plaintiff completed the instant machinery and equipment construction. Around that time, the Plaintiff prepared a construction completion certificate with Defendant C’s on-site agent to verify that the instant machinery and equipment construction was completed in accordance with the construction drawings and construction specifications. Of the instant machinery and equipment construction, there were no parts necessary for repairing defects.
On the other hand, Defendant C paid KRW 1,009,778,000 (including value-added tax) to the Plaintiff from August 18, 2017 to May 15, 2018.
E. The written agreement between the Plaintiff and the Defendants (hereinafter “A”), the Defendant B (hereinafter “B”), the Defendant C (hereinafter “B”), the representative of the subcontractor, the Plaintiff, the F, and G (hereinafter “A”) are with E new construction (hereinafter “this construction”).