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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 165,800,000 as well as to the day of full payment from November 1, 2016 to the day of full payment.
Reasons
1. The following facts can be acknowledged in full view of the following facts: Gap evidence No. 1, Gap evidence No. 6, Eul evidence No. 1, Eul evidence No. 2, Eul evidence No. 2, and the purport of the whole pleadings.
On July 11, 2014, Defendant C entered into a contract with Defendant B Co., Ltd. (hereinafter “B”) on setting the construction cost of the Incheon D Multi-household Housing Corporation (hereinafter “instant construction”) as KRW 1,435,00,000.
B. Around October 2015, Defendant B entered into a contract with the Plaintiff to subcontract the interior works of the instant construction (hereinafter “instant subcontract”) at KRW 414,500,000 for construction cost (hereinafter “instant subcontract”).
C. The Plaintiff completed the instant subcontracted project on February 3, 2016.
2. Of the construction cost stipulated in the instant subcontract, the fact that the Plaintiff received KRW 248,70,000 from Defendant B among the construction cost under the instant subcontract is the Plaintiff, and the fact that Defendant C agreed to pay the construction cost jointly and severally with Defendant C to the Plaintiff is the Plaintiff. In addition to the facts acknowledged earlier, barring any other circumstances, the Defendants are jointly and severally liable to pay the Plaintiff the construction cost of KRW 165,80,000, and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings from November 1, 2016, which is the day following the due date on which the duplicate of the instant complaint was served to Defendant B as requested by the Plaintiff as the date when the copy of the complaint was served to Defendant C after the due date, as requested by the Plaintiff.
3. As to the Defendant C’s assertion, the Defendant C agreed to exempt the Plaintiff from the obligation to pay the construction cost if it pays KRW 75,700,000 to the Plaintiff, and that the said amount should be paid to the Plaintiff.