1. The Defendants are jointly and severally liable to the Plaintiff for KRW 6,079,092 as well as 5% per annum from September 11, 2017 to February 13, 2019.

1. Facts of recognition;

A. Defendant B is a person engaged in the housing construction and sales business, and Defendant C is the husband of Defendant B who actually operates the Defendant B’s housing construction and sales business, and the Plaintiff is a person who, at the request of the Defendants, removed the existing house on the Incheon Gyeyang-gu D site owned by the Defendant B (hereinafter “instant site”) and newly constructed the six-story building of reinforced concrete structure slab roof (hereinafter “instant building”).

B. The Plaintiff previously participated in part of the Defendant’s new construction of the instant building due to trees, etc., and first received the entire construction from the Defendants to the completion after the construction of the instant building. However, without the comprehensive license, the Plaintiff borrowed a license from the KOE (hereinafter “E”) to the Plaintiff through Broker, thereby entering into the instant construction contract with the Defendants (hereinafter “instant construction contract”).

C. (1) The Plaintiff submitted the instant construction contract (No. 2) attached at the time of filing an application for permission for the commencement of the instant building from the F architect office which designed the instant building, and the Plaintiff’s written contract for the commencement of the instant building stated that “the contract amount is KRW 760,000,000 (Additional Tax)” in the contract amount column.

② The Defendants asserted that they were given delivery from the Plaintiff, and submitted the instant construction contract (Evidence B No. 1; hereinafter “Defendant’s submission contract”). The Defendant’s submission contract states “700 million won of the contract amount” in the contract amount column, and that “the total construction amount shall be KRW 700 million of the contract amount as the special agreement at the end of the contract.”

Provided, That KRW 60 million shall be total of KRW 760,000,000, including the construction cost, when the work is executed as the contractor wishes in the double wall part of the second, third and fourth floors after the completion of the work.

The construction price shall be paid to the contractor B by using the G Bank passbook Card in accordance with the progress of the construction.

Provided, That the down payment shall be KRW 30 million in cash at the request of the contractor.