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1. The Plaintiff:
A. Defendant B’s KRW 32,516,50 and for this, KRW 20% per annum from August 27, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. The Plaintiff is operating a restaurant against the members of the construction site.
B. On March 8, 2015, Defendant Korea Comprehensive Construction Co., Ltd. (hereinafter “Defendant Korea Comprehensive Construction Co., Ltd.”) performed D Construction in Busan Metropolitan City, and subcontracted to E Co., Ltd. construction works, such as molds, rains, steel bars, and concrete, to KRW 1,310,00,00 among them. According to the subcontract agreement, Defendant Korea’s General Construction Co., Ltd. is included in the cost of meals for construction workers, and thus, Defendant Korea does not separately provide E with it.
C. Defendant B is a person in the position of regular business of E, and is a joint and several surety of E in the above subcontract.
However, Defendant B led the conclusion of the said subcontract, carried out the construction site and actually performed subcontracted construction, and in the process, concluded a meal order contract with the Plaintiff on February 11, 2015 (hereinafter “instant contract”) with the Plaintiff, and made the Plaintiff provide meals to the Plaintiff.
Meanwhile, Defendant 1’s comprehensive construction delegated the payment of meal expenses from Defendant 2 to the Plaintiff by April 30, 2015, and paid the meal expenses of the members E in lieu of the meal expenses of the members E, and deducted the same from the construction expenses to be paid to E. However, upon discontinuance of construction work around June 2015, Defendant 2,516,50 won, which is the meal expenses from May 2015 to June 2015, was not paid on behalf of the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4, 7 through 11, the purport of the whole pleadings
2. Determination:
A. According to the above facts, Defendant B is obligated to pay 32,516,500 won to the Plaintiff as a party to the instant contract, and Defendant Korea’s comprehensive construction, which is the contractor of the instant contract, was accompanied by the Plaintiff’s meal service and was delegated by Defendant B, and paid part of the Plaintiff’s obligation for meal costs under the instant contract to the Plaintiff, and under the subcontract with E.