A. Fact 1) The Plaintiff is a company operating electrical construction business, etc., and Defendant B is the Plaintiff’s employee. (2) Defendant B served as a general manager of power distribution in the construction site that the Plaintiff performed upon receipt of demand from the Korea Electric Power Corporation. Although Defendant C did not have worked as a daily worker at the above construction site, Defendant C falsely prepared a false statement of “day major and steering factory expenses” and filed a claim for wages with the Plaintiff as if Defendant C had worked as a daily worker at the above construction site. From August 2017 to November 201, 2018, the Plaintiff was responsible for the payment of wages to Defendant C’s account in the separate sheet as indicated in the “wages Payment Date” column in the separate sheet from August 2017 to November 2018, and wired the amount calculated by deducting Party C’s age, etc. from the said money as wages to Defendant C’s account.

The sum paid by the Plaintiff to Defendant C during the above period is KRW 40,800,000 in total.

【Ground of recognition】 Each entry in the evidence Nos. 1 through 16, 18 (including branch numbers for those with additional numbers; hereinafter the same shall apply), and the purport of the whole pleadings

B. Determination 1) Defendant B, as to Defendant B, committed a tort by deceiving the Plaintiff and allowing the Plaintiff to pay wages to Defendant C’s account that did not have provided labor, and as a result, the Plaintiff did not have the duty to pay wages to Defendant C, thereby causing damage to the Plaintiff as a result, Defendant B is liable to compensate the Plaintiff for the damages incurred to the Plaintiff due to Defendant B’s deception. (2) In the case of joint tort under Article 760 of the Civil Act of which several persons jointly inflict damage on others, it does not require mutual conspiracy among actors, as well as joint perception. However, it is sufficient that the joint act is objectively related to the joint act, and as a result, the damage was incurred by the relevant joint act.