1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. On September 2017, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendants, the husband, who was the husband and wife, to set up a panel installation work at KRW 18,000,000 of the construction cost of the D factory facilities at KRW 18,000, and completed the panel construction work under the instant subcontract from September 24, 2017 to October 23, 2017.

B. The fact that the Plaintiff received KRW 9,000,000 from the Defendants’ above construction cost does not conflict between the parties.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 4 (including branch numbers in case of additional number), testimony of witness E of the first instance court, purport of whole pleadings

2. According to the above facts of recognition, the Defendants jointly and severally contracted the instant panel construction work to the Plaintiff, the Defendants did not separately specify the part of the construction cost to be borne by the Plaintiff, and the Defendants, a joint contractor, are expected to have fulfilled their obligations under the contract. In full view of the above facts, it is reasonable to deem that the Defendants agreed to jointly and severally pay the construction cost to the Plaintiff through the instant contract.

As for the Plaintiff’s remaining construction cost of KRW 9,00,000 under the instant contract and its construction completion date, the Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum from July 10, 2018 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint, as sought by the Plaintiff.

As to this, the defendants first asserted that the plaintiff is not the plaintiff but the witness E of the first instance court, and the plaintiff is merely a person who re-subcontracts the above construction work from E, and thus, the plaintiff's claim is groundless.

However, the testimony E by the witness of the first instance trial, the statement of No. 4 (the statement of settlement prepared and sent by Defendant B to the plaintiff) and the whole purport of the pleadings.