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1. The Plaintiff:
A. Defendant B shall be 45,748,470 won and the interest rate of 15% per annum from August 2, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On April 28, 2014, 201, Jeju Special Self-Governing Province Co., Ltd. (hereinafter “Co., Ltd.”) was awarded a subcontract for the manufacture and storage of safety TTPP (tetrapt) in the process of installing the coastal erosion prevention facilities at Seogpo-si located in Seopo-si, Jeju Special Self-Governing Province.
B. Defendant B, with the trade name of “E”, was engaged in underwater construction subcontract, and around May 2014, entered into a so-called double-subcontract contract with the Plaintiff, who is an employee, to avoid the prohibition of sub-subcontract, to receive sub-subcontracts for the production, transport and storage of 6.3 tons of tept 6.3 tons and 25 tons of tept during the said construction (hereinafter “instant construction”).
C. From May 2014 to August 2015, the Plaintiff performed the instant construction work while working as a field manager for a crime-based construction site. The Plaintiff spent the personal corrosion expenses, office fixtures, telephone expenses, and Plaintiff’s transportation expenses.
Meanwhile, the Plaintiff transferred the total of KRW 20 million, including KRW 10 million on March 17, 2015, and KRW 10 million on April 22, 2015, to the Defendant C’s account in charge of Defendant B’s wife and E’s accounting affairs.
[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 4, 12, 13 (including paper numbers), and the purport of the whole pleadings
2. The parties' assertion
A. In relation to the instant construction project, the Plaintiff assumed various field expenses, including the Plaintiff’s accommodation expenses, by making an advance payment of the advance payment, and subsequently agreed with Defendant B to pay the advance payment. The amount not paid out of the advance payment of the instant construction is KRW 25,748,470.
Meanwhile, the Defendants lent KRW 20 million in total to the Defendants on March 17, 2015 and April 22, 2015.
Defendant B paid KRW 45,748,470 (i.e., loan KRW 25,748,470,000) and damages for delay, and Defendant C paid KRW 20,000,000 among the above money jointly and severally with Defendant B.