구상금
1. The Defendant (Counterclaim Plaintiff) paid KRW 25,182,253 to the Plaintiff (Counterclaim Defendant) and its related amount from July 2, 2013 to January 14, 2015.
1. Determination as to the main claim
A. The Plaintiff’s assertion (1) Defendant B is the representative of “E” located in Ansan-si D, and Defendant C is the above E’s manager between Defendant B and the Southern-si.
(2) On August 27, 2004, F filed a lawsuit against Defendant B on the grounds of a sales contract for the aggregate of 798 CY 798 period, and on August 27, 2004, F was sentenced to the judgment that “Defendant B shall deliver F the second floor of 230 E, 266, 231 26, 232 262 ew ew 266 ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew ew
(3) For the execution of the above final judgment, G Co., Ltd., the representative director of which was the Plaintiff, entered into a contract for the installation of the 992 Eanche E on September 5, 2005 with the Kenya Korea Co., Ltd., and the Plaintiff delivered part of the eanche to F after the completion of the said construction, but the Defendants did not pay the construction cost, and thus, paid the construction cost of Oct. 20, 2005 on behalf of the Defendants (including value-added tax).
(4) The Plaintiff loaned land H and I located in Jeonsan-si, Jeonju-si, Jeonju-si, the Plaintiff owned as collateral for the Defendants’ construction of a memorial hall. However, the Plaintiff paid KRW 25,182,253 of the loan to the Bank on September 17, 2010 due to the Defendants’ failure to repay only a part of the loan and to repay the remainder of the loan.
(5) Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 96,110,530 (25,182,253 of the subrogated payment of KRW 70,928,00) and damages for delay.
B. (1) The Plaintiff’s claim against Defendant C does not have any evidence to acknowledge that Defendant C is a real manager of Defendant C, contrary to the Plaintiff’s assertion as to the determination of the claim against Defendant C. Thus, the Plaintiff’s claim against Defendant C is without merit without further review
(2) On September 5, 2005, the judgment on the claim against Defendant B (A) as to the claim for construction cost of KRW 70,928,000 is based on the following: (a) evidence Nos. 2-1 and 2-2; and (b) the purport of the entire arguments.