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1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and the period from October 31, 2015 to November 3, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a major shareholder of D Co., Ltd. (hereinafter “D”), and Defendant B is a company whose trade name changed by E Co., Ltd. (hereinafter “E”), which is operated by Defendant C as a real-time owner for the purpose of wholesale and retail, blasting, and mountain development of aggregate.
B. Around April 2015, Non-Party F, without any right or authority, has the right to gather soil and aggregate at the construction site of “K, which was being created in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, and Non-Party F, who had been entrusted with the right to extract soil and aggregate at the construction site of “K,” and himself requested to introduce the person who will be responsible for construction necessary for the collection of soil and sand at the above construction site and aggregate from the above I.
C. Accordingly, H introduced F to the Plaintiff, who was aware of the usual business relationship, and the Plaintiff, along with H and F, visited the construction site for the development of the said industrial complex and expressed that D would wish to do so and concluded a subcontract between D and the said L.
As a result, F has the power of delegation, etc. of the above L, while F is required to conclude a contract with P, the representative director of N, and the plaintiff and H already contain another person for the collection of soil and aggregate. Therefore, F, in order to adjust it, it is necessary to pay KRW 50 million.
Accordingly, in the presence of the Plaintiff and the said FF,O, and H around April 3, 2015, the Plaintiff and the said FF,O, and H were re-subcontracted from L to re-subcontract the construction cost, and the Plaintiff indicated “O of the said L as the agent of the said L,” after determining the unit cost of the construction. The Plaintiff’s act of de facto representing the D representative director P is upon the Plaintiff’s request.