손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
A. Defendant B and C assumed office at the time of establishment of Defendant A Limited Liability Company (hereinafter “Defendant Company”), and Defendant C assumed office as the representative director on the same day.
However, on January 22, 2015, Defendant C had both resigned from the office of director and representative director of Defendant C, and Defendant B became the representative director of Defendant C on the same day.
On the other hand, on June 15, 1999, Defendant C was the wife of Defendant B who completed the marriage report with Defendant B, and on May 14, 2015, Defendant C reported divorce with Defendant B.
B. On August 20, 2014, the Plaintiff was awarded a contract with the Korea Electric Power Corporation (hereinafter “instant construction”).
After that, around September 19, 2014, the Plaintiff subcontracted the instant construction work to the Defendant Company by setting the construction cost of KRW 193.7 million (excluding value-added tax) and the construction period from November 1, 2014 to December 24, 2014.
(hereinafter referred to as the “instant construction contract”) between the Plaintiff and the Defendant Company.
As the construction price under the instant construction contract, the Plaintiff paid KRW 58,110,000 to the Defendant Company, around September 26, 2014, and KRW 58,110,000, respectively, around November 19, 2014.
However, as the Defendant Company failed to pay wages to the employees at the construction site of this case, the Plaintiff and the Defendant Company agreed on January 12, 2015 to pay the wages directly to the said employees.
(hereinafter “The instant direct payment agreement.” On the same day, the Defendant Company drafted a power of attorney to delegate the Plaintiff with the authority to directly pay wages to the said employees. On the same day, the Plaintiff paid the said employees totaling KRW 56,981,471 to the said five (E, F, G, H, and I). On the same day, the Defendant Company drafted a written confirmation that the Plaintiff paid wages to five (5) employees as above.
E. Defendant C at the time of the instant direct payment agreement.