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Defendant B’s 67,290,000 won and 15% per annum from March 14, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of performing interior construction business, etc., and D Co., Ltd. (hereinafter “D”) subcontracted the interior construction work from D Co., Ltd. (hereinafter “instant construction work”) to D Co., Ltd. (hereinafter “D,” and the construction site “instant construction site”). Defendant C is a company that received a subcontract from D Co., Ltd. (hereinafter “instant construction work site”). Defendant C was in the position of director of the Defendant Co., Ltd. in the course of operating a personal business entity with the mutual name “F”.
B. From August 2017 to January 2018, the Plaintiff supplied materials, including remote areas of 147,290,000 won at the construction site of this case.
[Ground of recognition] The facts without dispute, Gap evidence 1 to 13 (if there are additional numbers, including each number; hereinafter the same shall apply), witness G testimony, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion was requested by Defendant C and H, an employee or agent of the Defendant Company, to supply materials, such as remote areas, and supplied them to the instant construction site. As such, the Defendant Company is a party to the material supply contract (hereinafter “instant contract”) and the Defendant C is jointly and severally liable to pay the price to the Plaintiff under the instant contract.
B. The Defendants’ assertion 1) Defendant Company was awarded a subcontract for interior works among the instant interior works, and sub-subcontracted the interior works among the instant interior works to Defendant C. Defendant C re-subcontracted to G operating an individual enterprise under the name of “I”. The Plaintiff supplied materials, such as remote areas, etc. at the instant construction site with G’s order. As such, the Defendants are not obligated to pay the Plaintiff the unpaid goods price out of the price of the instant materials. 2) D, Defendant Company, and G pursuant to the said re-subcontract.