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1. The Plaintiff:
A. Defendant B and C are jointly and severally liable for KRW 80,000,000 and Defendant B from December 15, 2011.
Reasons
1. Facts of recognition;
A. Defendant B and C are co-owners (i.e., shares of 1/2 each) of the building area of 199 square meters in the Gu E (hereinafter “E”) in Ansan-si, and Defendant B and D are co-owners (i.e., shares of 1/2 each) of the 332 square meters in the F prior to Sinpo-si, Mapo-si (hereinafter “F land”).
B. On February 2, 2011, the Plaintiff entered into a contract with Defendant C on the condition that “Defendant C, the Plaintiff, the construction contractor, the construction cost of KRW 800,000,00 for construction work (excluding value-added tax), and the construction period from May 20, 201 to November 20, 201,” with respect to the construction of an urban-type residential house and a Gosiwon (hereinafter “E building”) located on the ground of land, the Plaintiff entered into a contract (hereinafter “instant first contract”).
C. On December 31, 201, the Plaintiff entered into a contract with Defendant B and D on December 31, 201, stipulating that “the owner, Defendant D, the constructor, the Plaintiff, the construction cost of KRW 1,500,000 (excluding value-added tax), and the construction period from January 2, 2012 to July 31, 2012” (hereinafter “instant contract for the second contract”).
E Buildings obtained approval for use on December 1, 201, and F Buildings obtained approval for use on August 7, 2012.
E. On December 14, 2011, Defendant B and C completed each registration of initial ownership relating to 1/2 shares among E buildings, and Defendant B and D, respectively, on August 22, 2012.
F. The Plaintiff filed a lawsuit against Defendant B and D seeking the payment of the unpaid construction price of KRW 399,95,377 under the instant two contract, as Seoul Central District Court Decision 2014Gahap46377, supra, and damages for delay.
On February 11, 2015, the above court rendered a judgment in favor of the Plaintiff, and the above judgment became final and conclusive at that time.
G. On July 17, 2015, the Plaintiff shall determine the construction cost that Defendant B and D did not pay with respect to the construction of “F building” as KRW 280,000,000 between G and G, and the fixed amount thereof.