On May 20, 2013, the Plaintiff entered into a material supply contract (hereinafter “instant contract”) with Defendant A, with the content that the said Defendant would supply materials within the Ulsan-gu Postal Zone Development Project District (hereinafter “the instant construction site”) at the end of each month, the Plaintiff would make settlement payments for the materials supplied to the said Defendant at the end of each month.

B. Defendant A ordered materials to Defendant B and Defendant Bobal Korea Co., Ltd. (hereinafter “Defendant Bobal Korea”), and Defendant B and Defendant Bobal Korea delivered the materials at the instant construction site designated by Defendant A, and received the materials payment from the Plaintiff.

A. The Plaintiff’s assertion (1) Defendant A is liable to compensate the Plaintiff for damages equivalent to KRW 138,102,774 (i.e., KRW 77,80,880,150, the value of the material supplied by Defendant B to another site by Defendant B, which is KRW 60,222,624, which is the value of the material supplied by Defendant B to the other site, by having Defendant B supply the material to another site other than the Plaintiff’s construction site. Since Defendant Bob Korea and B conspired or aided the Defendant A’s tort, Defendant A and Bobs Korea are liable to compensate the Plaintiff for each of these damages.

(2) Even if Defendant Boat Korea and B did not conspired with Defendant A, if the request for a change of attachment with Defendant A was made, it would be doubtful as a matter of course, and even if they were obligated to verify whether such change of attachment was legitimate, they were supplied to another site, not the Plaintiff’s construction site, and thus, they cannot be exempted from tort liability due to negligence.

(3) The instant construction materials are located at the Plaintiff’s site.