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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 37,587,440 won and each year from July 24, 2015 to January 21, 2016.
Reasons
1. Basic facts
A. Around October 10, 2013, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a construction business license agreement with Defendant C with the content that Defendant C would lend a construction business license to Defendant C when it is possible for Defendant C to carry out the structural construction work among the New D Construction Works in Pakistan (hereinafter “instant construction work”).
B. On January 21, 2014, E, the head of the site office of the Defendant Company, under the direction of Defendant C, drafted an order agreement with Dongyang Co., Ltd. (hereinafter “instant contract”). E entered “BF” in the order column, entered his name in the next name, entered “C” in the joint and several liability column, and affixed the Defendant C’s seal, which was received from the Defendant C, on his name.
C. Dongyang Co., Ltd supplied ready-mixed at the construction site of this case, and the price of ready-mixed which was not paid by the time of the request for the payment order of this case reaches KRW 37,587,440.
On the other hand, Dongyang Co., Ltd. was decided to commence rehabilitation procedures by the Seoul Central District Court 2013 Ma186, and the plaintiff was appointed as the administrator.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, Eul's testimony, testimony of witness E, purport of whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the plaintiff's claim, the defendant company that lent a construction business license to the defendant C is liable to the plaintiff who misleads the defendant company as a party to the contract of this case under Article 24 of the Commercial Act.
and the defendant C shall be responsible for the joint guarantor of the contract of this case.
I would like to say.
B. The Defendant Company first knew that the Defendant Company lent a construction business license to Defendant C with respect to the instant construction work, and thus, the Defendant Company knew of the fact.