A. From October 2014, C, while serving as the Defendant’s director from around October 2014, performed the duties as the head of the field office of remodeling and extension works located in E at the time of the racing that the Defendant received from the owner D, and at the same time performed the duties as the head of the site office of remodeling and extension works. On November 21, 2014, C was engaged in indoor construction works by creating a separate corporation that is G Co., Ltd. (hereinafter “H”).

B. After receiving a contract for remodeling and extension of the above accommodation facilities from the owner D, the Defendant subcontracted the part of the interior interior interior interior interior interior interior interior interior interior of the building to C (or H, hereinafter “C”) and the Defendant and C agreed to jointly subcontract the outer walls and metal works (hereinafter “instant construction”) among the said remodeling works to the Plaintiff, but the subcontractor’s name was decided to be the Defendant alone.

C. Accordingly, C on behalf of the Defendant on January 15, 2015, with respect to the instant construction work between the Plaintiff and the Plaintiff on January 15, 2015, the period of construction as to the instant construction work.

4. A contract for construction works (including value-added tax) was entered into on 30.30. Construction cost, and on 141,900,000 won (hereinafter “instant subcontract”).

On June 24, 2015, after the completion of the instant construction work between C and the Defendant’s agent, the Plaintiff determined the said construction cost as KRW 103,335,100, and the Plaintiff did not receive KRW 23,335,100 among them.

【Reasons for Recognition】 Evidence Nos. 1, 2, 3-1, 2, 3, and 4-3, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant and C are joint contractors, and they are jointly and severally liable for the payment of the above construction cost to the plaintiff pursuant to Article 57 (1) of the Commercial Act.

Therefore, the defendant is obligated to pay the above construction cost of KRW 23,35,100 to the plaintiff, unless there are special circumstances.

B. Meanwhile, the Defendant’s part corresponding to the construction of the instant construction project, such as the exterior walls, between C and C, is the Defendant.