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1. The defendant,
A. 3,885,00 won to Plaintiff A, and 21,498,000 won to Plaintiff B, and each of them from February 1, 2010 to February 2012.
Reasons
1. Facts of recognition;
A. A contract and subcontract 1) Defendant (the first trade name was E Co., Ltd.) was changed to F Co., Ltd. on April 21, 2010, and as of April 25, 2012, respectively.
on September 18, 2009, G Hospital Remodeling Corporation (hereinafter “instant Corporation”) from G Hospital.
) The construction cost of KRW 240,000,000 ( January 2, 2010) increased to KRW 391,760,000.
H (one person: I; hereinafter referred to as “H”) other than a constructor as defined in the Framework Act on the Construction Industry following the contract.
(2) The J, the representative director of the Defendant, did not notify the G Hospital of the above subcontracting, and introduced H as the Defendant’s on-site director, and issued H an employee identification card to H so that H may perform the work related to the G Hospital, etc. in the name of the Defendant.
B. Plaintiff A’s participation) Plaintiff A received the Defendant’s request from H to October 2009, which was known as the Defendant’s site manager, and from the mid-2009 to the end of January 201, 201, the external metric tons and interior painting during the instant construction. However, Plaintiff A received KRW 52,00,000 out of the construction cost to be received at the time H’s request.
B) On February 16, 2010, Plaintiff A requested H to prepare a statement to the effect that the payment of the construction cost is KRW 33,885,00 (i.e., KRW 85,885,00-52,000-52,00,000) (Evidence A). He attached the Defendant’s employee identification number delivered from Defendant Representative Director J to the above statement, and directly affixed a private person. (ii) Plaintiff B had been aware of it as the Defendant’s on-site manager, and Plaintiff B received metal construction during the instant construction from the end of January 2010, Plaintiff B received a demand for construction cost of KRW 45,498,000, KRW 24,000,000, KRW 204,000,000 (Evidence B) from the Defendant’s on-site manager, and Plaintiff B received a demand for payment of the construction cost of KRW 9,200,400,000).