Text
1. The defendant is jointly and severally with the non-party C to KRW 31,356,00 and the defendant with respect thereto from July 1, 2015 to January 6, 2017.
Reasons
In full view of the following circumstances, Gap evidence Nos. 1 and 2 as a whole and the purport of the entire arguments, namely, ① the plaintiff and the defendant concluded a service contract for the basic construction and working design of the D clubs located in Gwangju Mine-gu operated jointly by the defendant and the non-party C from October 2014 to June 2015, ② the defendant asserted that the plaintiff would receive the estimate from the plaintiff under the condition that D club construction is conducted. However, considering the fact that the plaintiff sent the drawing, revised drawing, and meeting drawings to the non-party C, a co-operator, for several times in relation to the above design work, it is difficult to view that the plaintiff simply sent a estimate to the defendant, it is reasonable to view that the service contract for the basic construction and working design of the D clubs was concluded between the plaintiff and the defendant. According to the above evidence, since the above service cost is recognized as 31,356,000 grounds for annual payment of damages for delay, the defendant and the defendant jointly obligated to pay the plaintiff 31,356,000 and 151.7.
Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.