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1. The Plaintiff:
A. Defendants are jointly and severally liable for 30 million won from March 9, 2018 to October 20, 2018.
Reasons
1. The relationship between the Plaintiff and the Defendants, the Plaintiff entered into a subcontract with Defendant D Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) on January 10, 2018 with respect to “F Corporation” (hereinafter referred to as the “F Corporation”). At that time, Defendant Co., Ltd. commenced construction work, but the construction was not carried out due to the attachment of Defendant Co., Ltd’s license (i., the Plaintiff’s assertion: the Defendant Co., Ltd’s assertion was attached, and the construction was not carried out. ② The facts, such as the fact that the owner failed to carry out construction due to the mistake of the Defendant Co., Ltd.’s request for the issuance of G Co., Ltd.’s securities, and the progress of construction was postponed), are as stated in the grounds for the claim, and the Defendants do not dispute the remainder other
The following is about the issues of the instant case.
2. Under the premise that the Plaintiff loaned KRW 30 million to the Defendants, the Plaintiff asserts that all of the Defendants seek reimbursement of KRW 30 million.
Comprehensively taking account of the overall purport of each statement in evidence Nos. 2 through 5 and 7, Defendant B and the Defendant Company entered into a business partnership agreement to carry out the instant construction project together (see preparatory documents as of December 13, 2018). Defendant C, an outside director of the Defendant Company, asked the Plaintiff’s representative to lend KRW 30 million necessary funds related to the construction project, and the Plaintiff wired KRW 30 million to the passbook in the name of Defendant C on January 9, 2018. On the same day, it is recognized that Defendant B, who was an outside director of the Defendant Company, transferred the amount of KRW 30 million to the passbook in the name of Defendant C on the same day, and on the same day, Defendant B prepared and issued a loan certificate stating the maturity date to the Plaintiff on March 8, 2018.
According to the above facts, it is recognized that Defendant C and B borrowed KRW 30 million from the Plaintiff in connection with the instant construction work.
Furthermore, Defendant B and Defendant Company were in a partnership business relationship, which constitutes a “cooperative” under the Civil Act.
Defendant B, as above, is the case.