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(영문) 대전지방법원 2018.11.21 2016가단222344

손해배상(기)

Text

1. The Defendants jointly share KRW 89,642,60,600 to Plaintiff A, as well as the year from December 16, 2013 to November 21, 2018.

Reasons

1. Basic facts

A. The plaintiff A operates F (the nominal owner of the business registration: the plaintiff A) and G (the nominal owner of the business registration: the plaintiff B) in Seo-gu Daejeon, Daejeon, and the plaintiff B is the plaintiff's spouse.

B. The Republic of Korea and Sejong Special Self-Governing City entered into a contract for construction works with respect to I new construction works located in Sejong Special Self-Governing City, and entered into a contract for safety surveillance assistance with Defendant D Co., Ltd (hereinafter “Defendant Co., Ltd.”) on November 26, 2013.

On the other hand, the defendant C was employed by the defendant company on November 25, 2013 and dispatched to the above construction site.

C. On November 28, 2013, at the Plaintiffs’ office, the Plaintiffs drafted each of the following supply contracts (hereinafter “each of the instant supply contracts”) with C.

Plaintiff

A Contract Date: On December 1, 2013, name: Total construction materials and hardware materials, contract period: From December 1, 2013 to December 30, 2015, and contract period: The contractor: K (on-site safety team leader C) of the Defendant’s site director (on-site safety team leader C) contract date: November 28, 2013; the name: All the materials related to safety goods and safety facilities, contract period: From December 1, 2013 to June 30, 2015; and the contractor: the Defendant’s site director K (on-site safety team leader C).

D. The Plaintiffs supplied safety goods, etc. to Defendant C, and partially recovered the goods left behind at the construction site of this case as Defendant C was divingd on December 17, 2013.

E. Meanwhile, Defendant C did not have the intent or ability to conclude the above construction supply contract even if the Plaintiff received goods, etc. from the Plaintiff, or to pay the price thereof. On November 201, 2013, Defendant C expressed to the Plaintiff that “A is the head of the safety team of the L company. At present, the L company construction team is performing the H I construction work at Sejong City, and in this regard, I would like to receive the goods such as safety goods and materials from the new company from the Plaintiff.”