beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff served as the manager of the Defendant Company from October 1, 2014 to November 18, 2014.
B. On October 23, 2014, the Defendant Company concluded a contract with C (hereinafter referred to as “C”) for landscaping construction works for the instant construction works with the construction cost of KRW 61,270,00, and the construction period from October 24, 2014 to November 10, 2014. On October 24, 2014, the Defendant Company ordered the E Co., Ltd (hereinafter referred to as “E”) to guarantee the payment of each of the construction works for each of the instant construction works for the period of KRW 376,20,000 and the construction cost of KRW 376,20,000 and the construction period from October 24, 2014 to December 30, 2014.
C. F served as the management supervisor of the instant construction from November 2014 to January 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, and 8 (including those with several numbers), the purport of the whole pleadings
2. The Plaintiff asserted that the Defendant Company guaranteed the payment of each of the Defendant Company’s respective obligations for the payment of the construction cost under the respective construction contract entered into with C and E. In lieu of the Defendant Company, the Defendant Company paid the construction cost of KRW 16,50,000 and the construction cost of KRW 93,50,000 to E, respectively, and paid KRW 8,960,000 to F who served as the management supervisor of the instant construction work.
Therefore, the defendant company asserts that the plaintiff is liable to pay to the plaintiff the total amount of KRW 118,960,000 (=16,500,000 won) and damages for delay.
3. Determination
A. First, as to whether the Plaintiff paid the construction cost of KRW 16,50,00 on behalf of the Defendant Company, KRW 93,50,000, and KRW 93,50,00 on behalf of the Defendant Company, according to the respective descriptions of the Evidence Nos. 10,12, and 13, C receives transfer of KRW 16,50,000 out of the construction cost under the name of Company G (hereinafter “G”) on November 7, 2014.