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1. Defendant D and E jointly share KRW 48,200,000 with respect to the Plaintiff and 5% per annum from October 1, 2016 to December 6, 2017.
Reasons
1. Determination as to the claim against Defendant D and E
A. The Plaintiff and Nonparty F Co., Ltd. (hereinafter “F”) entrusted Defendant D and E with a total of KRW 290 million to be paid to Defendant B (hereinafter “Defendant Company”). Defendant D and E paid KRW 166 million out of the said money to the Defendant Company (i.e., KRW 196 million first, but the Defendant Company returned KRW 30 million to Defendant E) and paid KRW 75.8 million to the Defendant Company, using the remainder of KRW 48.2 million for personal purposes, thereby causing damage equivalent to the Plaintiff.
Therefore, Defendant D and E are jointly obligated to pay the Plaintiff 48.2 million won and the damages for delay calculated at the rate of 5% per annum from October 1, 2016 to the delivery date of a copy of the instant complaint, and 15% per annum from the next day to the day of complete payment.
(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);
2. Determination as to the claim against the defendant company and C
A. On July 18, 2016, the Plaintiff and F entered into the instant service agreement between the Defendant Company and the Defendant Company for the purpose of providing security services in the said workplace (hereinafter “instant workplace”) (hereinafter “instant service agreement”) while carrying out construction projects in the G G G G G G G G G G G G G general industrial complex.
The contract term under the above service contract is "30 days from the date of entry on July 2016, the contract amount is "250,000 won for security instructors, 220,000 won for security guards, 12,000 won for security guards," and the total number of security guards is "1 person for security guards, 1 person for night duty, 29/29 persons for security guards at night."
2 The Plaintiff and F, at the expense for the management of the instant workplace, KRW 90 million to Defendant D on July 18, 2016, KRW 100 million to Defendant E on July 26, 2016, KRW 100 million to Defendant E on August 16, 2016, KRW 100 million to Defendant C on September 9, 2016, KRW 100 million to Defendant C, and KRW 100 million to Defendant C on September 28, 2016.