A. Defendant B is a representative on the D’s business registration certificate running the construction business, and Defendant A is a person who actually operates Defendant B’s husband.

B. On March 28, 2017, the Plaintiff entered into a contract for construction works (hereinafter “instant contract for construction works”) with D division, and the construction works for construction works for which the construction period was fixed as KRW 85,00,000,000 from April 6, 2017 to June 6, 2017 (hereinafter “instant contract for construction works”). As the construction period was extended on July 7, 2017 until July 7, 2017, the Plaintiff set the rate of liquidated damages at KRW 120,000 per day.

C. Until June 15, 2017, the Plaintiff paid D the instant construction cost of KRW 68,136,200 as the instant construction cost.

D Around July 6, 2017, following the suspension of the instant construction work, the Plaintiff sent to D a certificate of content stating that “the termination of the instant construction contract” was “the termination thereof,” and reached around that time.

E. D At the time of the discontinuance of the instant construction, the existing rate is 69.387%, and as a result of reflecting alteration work and additional construction work, the amount of progress payment that the Plaintiff has to pay to D is KRW 52,920,950.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 6-8, 10-12 evidence (including provisional number), appraiser F's appraisal result, the purport of the entire pleadings

2. Determination as to the claim against Defendant A and B

A. The Plaintiff’s assertion 1) The amount of the progress payment that the Plaintiff had to pay to D at the time when D ceased the instant construction work is KRW 52,920,950, and D was paid KRW 68,136,200 as the construction payment from the Plaintiff. Accordingly, the Defendant A was paid the amount exceeding KRW 15,215,250 (i.e., KRW 68,136,200 - KRW 52,920,950). Accordingly, the Defendant A is a de facto representative of D, and the Defendant B is jointly and severally liable to pay the Plaintiff the excess amount of KRW 15,215,250 as the restitution of restitution or unjust enrichment due to the termination of the instant construction contract.