보증금반환
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
1. Facts of recognition;
A. On January 11, 2012, E, the representative director of a non-party company operating aggregate extraction business, aggregate transport business, and engineering work, etc., drafted an agreement with the Plaintiff on the subcontract cycle with respect to approximately five million construction works from among the projects to create housing sites conducted in Gangseo-si D, Gangwon-do (hereinafter “instant construction work”).
B. On the same day, the Plaintiff issued to E a receipt in the name of the Nonparty Company and the Defendant (hereinafter “instant receipt”) as the contract bond for the instant construction project.
C. The instant agreement and the receipt are written by the F (the person registered as the auditor of the non-party company on December 11, 2012) as the representative of the non-party company.
The instant agreement and the receipt were prepared in the office of H (the Defendant was registered as the representative director, G was recorded as the auditor, but the actual representative is G; hereinafter “H”) operated by the Defendant’s Dong G.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff knew the Defendant through the introduction of I in relation to the instant condominium construction located in Jeju-do, and the Defendant was aware of the fact by introducing himself as outside director of the Nonparty Company and H as outside director of the Nonparty Company.
E and G explained to the Plaintiff that the instant construction was jointly implemented by Nonparty Company and H, so in order to obtain joint confirmation of the Plaintiff’s liability for return of KRW 30 million as the contract deposit paid by the Plaintiff, the instant receipt was issued under the joint name of Nonparty Company and the Defendant.
Since the non-party company and the defendant are not entitled to subcontract the construction of this case to the plaintiff within three years after the conclusion of the contract, the defendant is jointly and severally liable with the non-party company to pay the contract bond of KRW 30 million and delay damages to the plaintiff.