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1. Defendants are jointly and severally liable to the Plaintiff for KRW 29 million and Defendant A with respect thereto from September 6, 2014.
Reasons
1. Basic facts
A. On June 22, 2013, the Plaintiff entered into a construction contract with the Plaintiff for construction works, setting the construction cost of KRW 785 million, and the construction period from July 1, 2013 to December 30, 2013, with respect to the construction work for which “E childcare center” was newly constructed on the ground D (hereinafter “instant construction work”).
B. On July 16, 2013, the Plaintiff and Defendant B entered into a subcontract for construction works with Defendant B Co., Ltd. (hereinafter “Defendant B”) for the instant construction works, the Plaintiff entered into a construction agreement with the construction period of KRW 690 million, and the construction period from July 22, 2013 to December 30, 2013 (hereinafter “the entire subcontract of this case”). Separately, the Plaintiff entered into a standard subcontract for construction works (hereinafter “instant subcontract agreement”) with respect to civil engineering and steel works among the instant construction works, construction period of KRW 286 million, construction period of construction cost for concrete works, and period of December 30, 2013 (hereinafter “instant subcontract agreement”).
On the other hand, Defendant A, a inside director of Defendant B, guaranteed the performance of the obligation owed by Defendant B to the Plaintiff in relation to each of the above subcontract agreements.
C. After the conclusion of the subcontract contract, Defendant B continued the instant construction work after the said subcontract, and on October 8, 2013, controversy arose regarding the payment of construction cost, such as that the Plaintiff paid the construction cost for machinery and equipment directly to the Southern Elevators Co., Ltd. (hereinafter “Seoul Elevators”), a specialized company, and the construction was suspended on November 14 of the same year.
At the time of the discontinuance of the construction work by Defendant B, most of the civil engineering works, steel bars, and concrete works were completed, and the construction cost that the Plaintiff paid to Defendant B was KRW 278,500,000.
After the discontinuance of construction, Defendant B discontinued the construction as above, and the Plaintiff’s cost of construction materials.