Of the part against Defendant B Co., Ltd. in the judgment of the first instance, KRW 4,000,000 and this is accordingly.

Basic Facts

The reasoning for this part of this Court is that the corresponding part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance.

2. The Plaintiff’s assertion is that Defendant C is a co-contractor of the instant contract.

During the instant construction work, the Plaintiff continued construction work with a flag amounting to KRW 300 million, and suspended the instant construction work due to the Defendants’ failure to pay a flag amount to be paid.

Therefore, the defendants are jointly obligated to pay to the plaintiff KRW 200,000,000,000, which is part of 300,000 won.

3. Determination

A. The following facts as to the claim for construction price against Defendant C do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings as a whole in each of the evidence Nos. 1, 5, 6, 12, and Nos. 4 and 6.

① On February 26, 2013, E and F acquired ownership of D hotel and its land.

② Defendant B was established on August 28, 2015, and F was appointed as the representative director at the same time, and E and F completed the registration of ownership transfer on the hotel and its land to Defendant B on September 18, 2015.

③ On August 10, 2017, F resigned from Defendant B’s representative director and director, and Defendant C was appointed as auditor on the same day.

④ Defendant C’s representative director stated to the Plaintiff Company I that “I received the power of attorney as to D hotel from E and F before Defendant B was established, and D hotel is owned by Defendant B as representative director, and E and F are the people who would make payment of money only, and thus will not participate in the disposition of D hotel or construction work.” Defendant C said that the conflict with JJ that had been done before the Plaintiff and the process of consultation with K Co., Ltd. to start the instant construction are the parties themselves.

And I continued to request Defendant C to pay the construction cost of this case.

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