원상회복청구
All appeals by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts of the request;
A. (1) The Plaintiffs are married couple, such as a contract for new construction of the instant building.
Plaintiff
A is the internal director (from November 201 to December 2017) of Nonparty D Co., Ltd. (hereinafter “D”) and the representative director (from November 201 to March 2012).
(2) On December 201, 201, Plaintiff A awarded a contract for the construction of a new building on land (F building G), E, and two parcels, and KRW 3.63 billion, and Plaintiff B awarded a contract for the construction of a new building on land (F building I) of KRW 2.42 billion, not only H, Osan City, and KRW 3,000,000,000.
(hereinafter referred to as the “each building of this case” and “G Dong building” and “I Dong building” are referred to as the “each building of this case.”
Defendant’s subcontracted construction work (1) is a person who operates a private company which performs construction work, such as a window, board, etc. in the name of “J”.
(B) On March 13, 2013, the Defendant was registered as a business operator under the name of Nonparty K prior to the registration of business under his/her own name; however, the trade name was identical to “J”, and the Defendant was practically jointly operated with K; hereinafter “Defendant” before March 13, 2013). (2) The Defendant generally refers to “the wall of non-resistant power partitions installed on the outer wall,” which is generally used as a main material, from D around December 2011, in light of metal, windows, and joints of each new construction.”
The term “clarbow” seems to mean the Aluminium frame for making such favorable walls.
A subcontract for construction work (hereinafter referred to as “instant subcontract”) was executed at that time.
Of them, with respect to the Crail Crail Corporation, ① on February 16, 2012, the Defendant received KRW 50 million from D under the name of “the first progress payment for the material cost for Crash Crash.” On February 17, 2012, the Defendant paid KRW 50 million in the advance payment for Crash Crash on February 17, 2012, and ②.