구상금
1. Defendant B and Defendant C jointly and severally with the Plaintiff KRW 39,973,030,030 as well as the aforementioned amount from November 1, 2017 to December 2018.
1. Basic facts
A. The Plaintiff is a person who operates the manpower office. Defendant B (hereinafter “Defendant B”) is a corporation with the purpose of conducting the steel reinforced concrete construction business. Defendant C is the representative director of Defendant B, and Defendant D Co., Ltd (hereinafter “Defendant D”) is a corporation with the purpose of housing construction business, etc.
B. Defendant D entered into a subcontract with the main construction company in relation to construction of officetels on the ground of Sungnam-si and entered into a sub-subcontract with Defendant B with respect to the structural construction of the said construction (hereinafter “instant construction”) around February 16, 2017.
C. From March 2017, the Plaintiff entered into a contract with Defendant B and supplied human resources at the construction site of the instant case.
[Ground of recognition] Defendant B and Defendant C: The fact that there is no dispute, Gap evidence No. 4, Eul evidence No. 13, and the purport of the whole pleadings
2. As seen earlier, the Plaintiff entered into a contract with Defendant B and Defendant C and supplied human resources at the construction site of this case. Defendant B did not pay KRW 39,973,030 out of the price of human resources supply. There is no dispute between the parties that Defendant C guaranteed the payment of the above price.
Therefore, Defendant B and Defendant C are jointly and severally liable to pay 39,973,030 won for human resources supply unpaid to the Plaintiff as well as damages for delay at the rate of 5% per annum under the Civil Act from November 1, 2017 to April 30, 2018, which is the date of final delivery of the copy of the complaint, and 15% per annum from the next day to the date of full payment.
3. The Plaintiff filed a claim against Defendant D with the head of the instant construction site site, F or the president of the instant construction site, promised to pay the human resources supply price, and in fact, Defendant D has paid the human resources supply price from May 2017.