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1. Of the judgment of the court of first instance, the part against the defendant A, which exceeds the amount ordered to be paid below, shall be revoked.
Reasons
1. Basic facts
A. On May 20, 2013, the Plaintiff entered into a contract for the supply of materials with C Co., Ltd. (hereinafter “C”) the representative of Defendant A, where C supplies materials within the Jung-gu Seoul Metropolitan Government Postal U.S. Development Project Zone (hereinafter “instant construction site”), the Plaintiff entered into a contract for the supply of materials with C to settle and pay the prices of the materials supplied to C as at the end of each month.
B. C ordered materials to Defendant Company and Defendant B, and Defendant Company and Defendant B delivered materials at the construction site of this case designated by C, and have received direct payment from the Plaintiff.
【Reason for Recognition】 Each entry in the evidence (including paper numbers) of subparagraphs A through 4, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) Defendant A and Defendant A had Defendant A supply materials to the Plaintiff on a non-site other than the Plaintiff’s construction site, thereby causing damages equivalent to KRW 138,102,774 (i.e., the value of materials supplied by the Defendant Company to another site (60,222,624 won) (i.e., the value of materials supplied by the Defendant Company to the other site) (i., KRW 77,880,150). The Defendant Company and Defendant B conspired or aided the Defendant Company’s tort, and thus, Defendant A and the Defendant Company are liable to compensate the Plaintiff for damages incurred therefrom, respectively. (ii) Even if the Defendant Company and Defendant B did not conspired with the Defendant Company to change the site, the said Defendants are suspected of such suspicion if the Defendant Company requested the change of the site, and have been negligent in supplying the materials to the Plaintiff as a matter of course, and thus, are not required to verify the Plaintiff’s tort at the construction site.
3. Since the construction materials of this case were transferred to a site other than the Plaintiff’s construction site, Defendant Company and Defendant B.