손해배상 등
This part of the Plaintiff’s claim for the payment of KRW 49,335,00 and damages for delay against the Defendants.
1. The reasoning of the judgment of the court of first instance as to this case is identical to the reasoning of the judgment of the court of first instance as to the Defendants, except for the additional determination under paragraph (2). Thus, this is accepted by the main sentence of Article
(A) The first instance judgment is reasonable, even if the Plaintiff’s assertion and the evidence submitted are fully examined).
A. A. A summary of the Plaintiff’s assertion 1) The equipment cost that the Plaintiff would pay to Defendant F is merely KRW 30,665,000. Defendant F deceiving the Plaintiff by means of so doing that the amount would be less than the actual amount, thereby making the equipment cost KRW 80,000,000. In addition, the Plaintiff’s claim for construction payment against Defendant F in lieu of the payment of the equipment cost is a claim for July 2015 against the Plaintiff that the Plaintiff transferred to Defendant F.
However, Defendant B, as the site manager of I, paid KRW 80,000 as the construction cost of the Plaintiff’s June to Defendant F, even though he was aware of the fact that the Plaintiff transferred the construction cost to Defendant F at the request of the Plaintiff’s direct payment, and that Defendant F’s equipment cost was less than the actual amount, Defendant F paid KRW 80,000 as the construction cost of the Plaintiff’s June.
3) Accordingly, Defendant B and Defendant F as joint tortfeasor, and Defendant G should compensate for damages equivalent to KRW 49,335,000 (=80,000, - KRW 30,665,000) suffered by the Plaintiff as the name titleholder of Defendant F. (B) as recognized by the first instance judgment, the Plaintiff requested the Plaintiff on July 7, 2015 to immediately pay KRW 670,943,768 out of the portion paid in July 7, 2015 to the 15 companies, such as O and L, a subcontractor (Evidence 1), and on July 18, 2015, Defendant FF operated the business in the name of Defendant G under the name of Defendant G, a type of punishment.
In other words, six companies transferred the Plaintiff’s claim for the construction cost on July 2, 2015 to the Plaintiff (of them, the claim transferred to Defendant F is KRW 80 million), notified I of the assignment of the claim (No. 2-1), and (3) request I for direct payment on July 7, 2015 to I. < Amended by Presidential Decree No. 26817, Jul. 7, 2015>