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1. The Defendants jointly and severally liable to the Plaintiff KRW 127,00,000 and Defendant B Co., Ltd. from July 11, 2014.
Reasons
1. Basic facts
A. On March 22, 2012, the Plaintiff: (a) entered into a contract for the same interest construction company (hereinafter “non-party company”) with the said interest construction company (hereinafter “non-party company”); (b) the actual contractual party was the contractor’s name under the same interest construction company or contract.
The construction work (hereinafter referred to as the “construction work”) of multi-family house on the ground (hereinafter referred to as the “instant land”) in Seosan-si D (hereinafter referred to as the “instant land”) was set as the construction work cost of KRW 583 million (including value-added tax; hereinafter the same shall apply) and the construction period from March 22, 2012 to June 30, 2012, respectively.
B. However, during the instant construction project, the non-party company suspended the instant construction project on May 2012 due to the reasons such as financial difficulties, etc., after the non-party company continued the construction of the instant construction project, and even around that time, the Plaintiff paid KRW 95 million to the non-party company as the construction cost for the construction project due to the cryption.
C. Meanwhile, around September 5, 2012, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) agreed to complete the instant construction since the Defendant Company ceased to perform the construction work, and accordingly, the Defendant Company proceeded with the instant construction.
However, due to disputes arising from the payment of the construction cost between the Plaintiff and the Defendants and the shortage of the Defendant Company’s construction capital, the construction of this case was completed around December 2013.
On the other hand, at the same time as the instant project was carried out, the construction of multi-family housing (hereinafter “multi-family housing”) was carried out by designating a bachelor’s degree village (hereinafter “multi-family housing”) as the owner and the contractor on the land adjacent to the instant land at Seosan-si, Seosan-si. On November 14, 2012, the Plaintiff, the Defendant C, and the bachelor’s degree village were to waive the Plaintiff’s bachelor’s degree’s degree of KRW 150 million, and the bachelor’s degree of KRW 150,000,000 against the Defendant, instead of giving up each of the Defendant’s academic degree of KRW 150,000,000 against the Plaintiff.