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1. The Defendants jointly and severally liable to the Plaintiff KRW 77,00,000 and Defendant C from March 31, 2016 to June 21, 2018.
Reasons
1. Determination as to the claim against the defendant B
(a) Claim for the payment of KRW 77 million for the indicated construction cost of the claim and the delay damages thereon;
(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the claim against Defendant C
A. On October 7, 2015, the Plaintiff drafted a construction agreement with Defendant B to the effect that “Defendant B shall pay the Plaintiff KRW 10,000,000,000 to the interest interest for the construction work on October 7, 2015, and shall pay the Plaintiff KRW 77,00,000,000 to the full amount of the construction work by November 30, 2015,” even though the Plaintiff had strengthened the construction work of a religious facility in D, but did not receive the construction work payment from Defendant B.
3) However, Defendant B failed to pay the construction price as agreed upon to the Plaintiff, and Defendant C made an agreement on December 7, 2015, stating that “Defendant C shall pay the Plaintiff the construction price of KRW 77 million up to March 30, 2016. As interest rateing to KRW 77 million per annum from December 1, 2015, Defendant C shall pay to the Plaintiff KRW 20% per annum.”
B. According to the above facts of recognition as to the cause of claim 1, it is reasonable to view that Defendant C agreed to pay the construction cost jointly with Defendant B, and therefore, Defendant C is obligated to pay the Plaintiff the construction cost of KRW 77 million and the delay damages therefrom. Defendant C’s assertion as to Defendant C’s assertion that the present construction work has not been completed and the Plaintiff’s error should be compensated for any defect, etc. arising from the Plaintiff’s error. However, there is no evidence to acknowledge this, the above assertion is without merit.
C. Accordingly, Defendant C, jointly and severally with Defendant B, shall be jointly and severally liable for the payment of the construction cost of KRW 77 million and the following day following the due date for payment, as sought by the Plaintiff from March 31, 2016, the delivery date of the original copy of the instant payment order, as sought by the Plaintiff.