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1. The Defendants jointly share KRW 77,458,304 to the Plaintiff, and Defendant Jin Young Comprehensive Construction Co., Ltd. on the said amount, on January 2, 2016.
Reasons
1. Facts of recognition;
A. On June 23, 2014, the Plaintiff entered into a contract for the construction of a new factory located in Jinyoung Comprehensive Construction Co., Ltd. (hereinafter “Jjin Comprehensive Construction”) and a second factory located in the New Village 733-2 (hereinafter “instant factory”) located in the New Village 73-2 (hereinafter “instant construction”) for contract amounting to KRW 3.3 billion (hereinafter “instant contract”).
B. On June 2014, Defendant Jin Young Construction submitted to the Plaintiff the construction specifications of the instant construction project. The said construction specifications included the cargo installation “5TN 3SOP specifications” and the unit price for the construction was set at KRW 93 million (including value-added tax).
C. On July 25, 2014, Defendant Jin Young Construction Co., Ltd. (hereinafter “Saun Elevator”) entered into a contract to accept a subcontract with Defendant Jin Young Construction as the contract amount of KRW 88 million (including value-added tax) for the instant construction, and accordingly, install a set of general work in the instant factory (hereinafter “instant set”).
The instant lifts was determined by the Korea Elevator Safety Technology Institute on August 26, 2014 as a result of the documentary examination on August 26, 2014, and was determined as a result of individual product examinations on November 27, 2014.
E. Around December 2014, the completion inspection of the instant factory was completed.
F. The Plaintiff demanded Defendant Sung Franchi to install a studio because internal manipulation was not possible due to the lack of the inside of the instant lifts, and Defendant Sung Franchis installed a studio inside the instant lifts.
G. From January 2015, the Plaintiff had a sign “Prohibition of Boarding” attached to the instant lifts from January 2015, and prohibited a person from boarding the instant lifts.
H. On March 12, 2015, Defendant Sung Branch Elevator inspected the instant lifts upon the Plaintiff’s request for A/S. On March 12, 2015, and re-checked on March 15, 2015.