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1. The plaintiff; the defendant Eul corporation 77,810,800 won and its related amount from January 24, 2020; and the defendant D corporation 5.
Reasons
1. Facts of recognition;
A. Upon request from Defendant B, from December 30, 2017 to May 2018, the Plaintiff performed the damp-type construction and outer wall waterproof construction of the building of 4 to 15th above the ground level in Gangnam-gu Seoul Etel underground (hereinafter “instant building”) from around December 30, 2017, and the construction cost was monthly calculated and paid according to the number of working days of workers.
The plaintiff shall be KRW 77,810,800,800 for the construction price unpaid after receiving KRW 3,600,000 as the construction price from defendant B.
B. On May 2018, the Plaintiff received a contract from Defendant D Co., Ltd to perform the interior waterproof construction work, such as the stairs of the instant building, for about 40 days and completed the construction work.
The Plaintiff shall be KRW 5,913,200,000 for the payment of the construction cost that the Plaintiff received from Defendant D Co., Ltd. as the payment of the construction cost.
[Reasons for Recognition] On Defendant D Co., Ltd., there is no dispute, entry in Gap evidence Nos. 3 through 5 (including branch numbers), the overall purport of pleading, and the entire purport of pleading, as to Defendant D Co., Ltd., the judgment deemed to be confession (Article 208 (3) 2 of the Civil Procedure Act)
2. According to the above findings of determination, Defendant B, as well as Defendant B, is obligated to pay, respectively, delayed damages calculated at the rate of 12% per annum from January 23, 2020, following the date of transmission of a copy of the complaint of this case, and from January 23, 2020, Defendant D Co., Ltd, as to the unpaid construction cost of KRW 5,913,200, and the amount of delay damages calculated at the rate of 12% per annum from February 14, 2020, following the date of transmission of a copy of the complaint of this case to the date of full payment.
3. Thus, the plaintiff's claim against the defendants is justified.