손해배상(기)
1. Defendants B and D: (a) KRW 64,250,000 for each Plaintiff; and (b) from October 31, 2018 to June 7, 2019 for each Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a person engaged in mechanical manufacturing business, etc. under the trade name of “E”.
B. Defendant B served as the representative director of F Co., Ltd. (hereinafter “F”) from November 17, 2016, and served as an internal director of Defendant D Co., Ltd. (hereinafter “Defendant D”) whose trade name was changed on August 2, 2018, and Defendant D is a company engaging in manufacturing and installing industrial machinery.
Defendant C is a person engaged in mechanical design manufacturing business, etc. under the trade name of “G,” and Defendant B’s wife.
C. Around September 2018, the Plaintiff requested Defendant B to produce presses, and Defendant B prepared and presented a written estimate in the name of F (representative B).
On October 15, 2018, the Plaintiff entered into a contract with Defendant D on November 15, 2018 with the content that the goods price of KRW 157,000,000 for the kinds of machinery (excluding value-added tax) and the delivery period of the machinery shall be set on November 15, 2018, and Defendant D manufactures and supplies the machinery to the Plaintiff.
As Defendant B could not be issued a performance guarantee insurance policy to the Plaintiff, Defendant B said that the contract will be supplied in accordance with the original contract if it entered into with the same content as G operated by its wife.
Accordingly, on October 22, 2018, the Plaintiff prepared an additional contract by changing the supplier into “G C” only with the same content and date as the written contract entered into with Defendant D, and received a performance guarantee insurance policy under the name of C on October 22, 2018.
E. On October 25, 2018, the Plaintiff prepared a written contract with C, setting the supply period of KRW 38,000,000 (excluding value-added tax) and the delivery period as of November 15, 2018, with regard to the two kinds of machinery as above, and received the performance guarantee insurance policy in the name of C on October 26, 2018.
F. On October 23, 2018, the Plaintiff issued to C an endorsement of KRW 51,810,000 at par value as the down payment under the name of the contract deposit on October 15, 2018, and the contract deposit as of October 25, 2018.