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1. The Defendants jointly share KRW 40,704,264 as well as KRW 5% per annum from October 15, 2015 to October 11, 2016.
Reasons
1. Basic facts
A. On January 3, 2013, the Plaintiff entered into a construction contract with Defendant B, Gangnam-si D, and E on the construction site for the construction of a gallon and neighborhood living facilities (hereinafter “instant building”) with the construction cost of KRW 134,200,000, and Defendant C jointly and severally guaranteed the payment obligation of the said construction cost.
B. The Plaintiff completed the instant construction and delivered the instant building to Defendant B, the Defendant obtained approval for use on June 5, 2013, and completed registration of preservation of ownership on the 11th of the same month.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-2, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the remaining facts of recognition of the construction cost, the Defendants are jointly obligated to pay 54,400,000 won and delay damages to the Plaintiff, deducting KRW 79,80,000,00, which the Plaintiff was paid from KRW 134,200,000.
B. The Plaintiff’s assertion 1) The Plaintiff claimed additional construction costs as indicated in the attached Form No. 13,061,283 costs. Accordingly, the Defendants’ assertion that the additional construction costs should be paid. 2) The Plaintiff recognized that the Plaintiff performed the following additional construction works, and there is no other evidence to acknowledge that the Plaintiff had performed the additional construction works, and there is no other evidence to acknowledge that the Plaintiff had performed the additional construction works. (A) According to the appraiser F’s appraisal in part of the outer wall, the part constructed by the building was parallel in the design drawing, but actually constructed with concrete outer wall, which is not the board board, with soil covering the height of the second floor up to the height of the second floor. Accordingly, according to the result of the appraiser F’s appraisal, it is recognized that there was a need for the additional construction works.