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1. Defendant C: (a) KRW 20,040,000 for the Plaintiff and 5% per annum from August 11, 2016 to May 25, 2017.
Reasons
1. The facts acknowledged are between the Plaintiff and the Defendant C, and Defendant B is a person who operates the interior works in the name of “D”.
On May 21, 2016, the Plaintiff was provided with a written estimate stating the total estimated amount of KRW 18,506,000 for the interior works of Eunpyeong-gu E 101 Dong 101 (hereinafter “instant apartment”).
After consultation with Defendant C on May 21, 2016, the Plaintiff transferred the total of KRW 17.8 million to the account under Defendant C’s name on the day of May 21, 2016, as well as the transfer of KRW 7 million to August 11, 2016.
In addition, on August 10, 2016, the Plaintiff agreed to purchase shocks from Defendant C through Defendant C, and transferred KRW 2,240,000 to G’s account according to Defendant C’s guidance.
However, since August 15, 2016, the interior work of the apartment of this case was suspended, and the price of the shock was not paid normally, and the defendant C avoided the plaintiff's contact.
[Ground of recognition] Unsatisfy, Gap evidence No. 1-5, the purport of the whole pleadings
2. According to the facts of recognition of the claim against Defendant C, Defendant C is obligated to pay the Plaintiff damages equivalent to the same amount to the Plaintiff by receiving the payment of the construction cost and the total amount of goods from the Plaintiff (i.e., KRW 17.8 million KRW 2.2.4 million). As such, Defendant C is obligated to pay the Plaintiff the damages for delay calculated at each rate of 5% per annum from August 11, 2016 (the date of final remittance) to May 25, 2017 (Civil Act) and from the next day to the date of full payment (Special Cases Concerning the Promotion, etc. of Legal Proceedings) to the date of full payment.
3. Claim against the defendant B
A. Even if the Plaintiff was provided a quotation at the Defendant C’s business office, which the Plaintiff had been employed as the employee of Defendant B, the Plaintiff is merely entitled to such circumstances and the statement of evidence Nos. 6 and 7.