A. On January 19, 2018, the Plaintiff sold at KRW 40 million the Plaintiff-owned machinery of KRW 80,000,000. Defendant B re- sold to Defendant B one for Denmark, one for continuous exhumation, and two for boilers.

B. D On February 19, 2018, when the Plaintiff leased from E, a fire was generated due to the negligence of using cut machines while performing the removal work of machinery purchased from the F located in both weeks, which the Plaintiff leased from E, and the said factory was relocated.

C. On February 26, 2018, D entered into an implementation contract with E to the effect that “D will remove a previously installed building and construct a new factory building during the construction period from March 5, 2018 to March 31, 2018 (hereinafter “instant implementation contract”). The Plaintiff and Defendant C guaranteed D’s obligations.

E demanded the Plaintiff to perform the obligation under the instant performance contract, and accordingly, the Plaintiff newly constructed a factory in the construction cost of KRW 71,500,000 (hereinafter “instant construction cost”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4 through 8 (including each number for additional evidence), Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Plaintiff is liable for the tort of Defendant B as it is the performance assistant or employer of Defendant B, and that the Plaintiff is liable for the tort of Defendant B as well as for the construction of a new building in relation to its liability for damages. Therefore, the Plaintiff asserts that D is liable for the nonperformance liability.

In addition, even if he is deemed as Defendant B’s employee, this is merely a ground for Defendant B’s joint tort liability with Defendant B, not a ground for nonperformance liability with respect to failure to perform the instant implementation contract, which is a separate contract, by which D is liable. Furthermore, it is not a ground for the liability for indemnity liability against Plaintiff for the Plaintiff.

In addition, the defendant B-D.