손해배상 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The facts of recognition C is the representative of the business entity maintaining and repairing air conditioners, “D,” and the Plaintiff is the spouse of C and is the actual operator of the said business.
E Co., Ltd. (hereinafter referred to as “E”) is a corporation whose business purpose is wholesale and retail business, construction business, etc. concerning heating and cooling equipment, etc.
The defendant is a person who has worked as the head of the technical business team E.
F Around November 12, 2014, F entered into a subcontract for construction works with E that “F will accept some of the heating and cooling works of a new G hotel (hereinafter “instant construction”) from E,8,000,000 won.”
The Plaintiff had taken over and executed the instant construction from F around January 9, 2014.
On April 19, 2015, the Plaintiff and the Defendant, etc. agreed to the effect that “F received KRW 63,178,500 of the original construction cost of the instant construction from E and paid KRW 40,488,500, out of KRW 88,000, the difference of KRW 22,690,50 is unpaid, and KRW 13,890,500 in the difference shall be settled at the time of the settlement of the site of the instant construction, and KRW 4,00,000 (excluding surtax) shall be paid on April 19, 2015, and KRW 4,80,000,000 (including surtax) shall be paid by April 30, 2015.”
(B) After May 27, 2015, the Plaintiff again made an agreement on the payment of the construction work of this case with E, Defendant, F, etc. (hereinafter “price payment agreement”) with the following contents (hereinafter “instant payment contract”).
(A) A. Payment pledge (party: the defendant, F, or plaintiff, of E, E's surety)
1. The payment of KRW 18,00,000 for completed portion (including value-added tax) that E promised to pay to the Plaintiff on May 15, 2015 shall be made until May 28, 2015.
2. E shall pay to the Plaintiff KRW 12,50,000 (Additional Tax Map) for the settlement of additional construction works agreed upon to the Plaintiff by June 15, 2015.
3. E shall pay the remainder to the Plaintiff KRW 9,025,500.
4. Ascertainment that E and F are not paying KRW 13,890,500 to the Plaintiff on December 2014.
In order to facilitate construction work, the defendant is F.