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1. Defendant C Co., Ltd. and D shall be jointly and severally,
A. Plaintiff A’s KRW 90,918,800 and its related amount from October 11, 2016 to May 1, 2017.
Reasons
1. Facts of recognition;
A. On April 1, 2016, Plaintiff A operating “F” as a manufacturer of stone products, etc. entered into a subcontract with Defendant Company for the construction cost of tin work (hereinafter “instant tin work”) with respect to the construction cost of 243,100,000 won (including value-added tax) and the construction period of 4 April 4, 2016 to June 30, 2016, and agreed to pay the completed portion in cash after the end of each month.
On June 1, 2016, Plaintiff A entered into a subcontract modification agreement with Defendant Company for the construction cost of KRW 278,300,000 and the construction period of KRW 4, 206 to July 15, 2016.
B. Plaintiff A completed the instant stone construction around August 2016.
C. On September 8, 2016, the Defendant Company: (a) prepared a written confirmation (hereinafter “written confirmation”) stating that “The remaining part of the construction work shall not be disadvantageous to the Defendant Company’s representative director from October 31, 201 to January 20, 2016, by appropriating it without omission in the State at the time of filing a claim for completion payment after settlement; (b) the remaining part of the construction work shall be deemed to be a condition for completion on September 30, 201; and (c) Defendant D, who was the inside director of the Defendant Company, was the Defendant Company’s representative director from October 31, 201 to January 20, 2016; and (d) again assumed office as the representative director of the Defendant Company on December 30, 2016.
The Defendant E, a director of the Defendant Company, entered his address and name in the Certificate No. 1 and affixed his seal, and Defendant E, a director of the Defendant Company, entered his address and resident registration number in the Certificate No. 1.
한편 알루미늄샷시 등의 제조업체인 ‘J’을 운영하는 원고 B은 2016. 1. 21. 피고 회사와 이 사건 호텔 신축공사 중 금속유리창호공사(이하 ‘이 사건 창호 등 공사’라 한다)에 관하여 공사대금 467,500,000원(부가가치세 포함), 공사기간 2016. 1. 21.부터 2016. 5. 30.까지로...