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1. Defendant C Co., Ltd.: KRW 32,00,000 for the Plaintiff and its amount from January 1, 2016, and KRW 110,00,000 for the Plaintiff.
Reasons
1. Determination as to the claim against Defendant C
(a) Claim No. 1) On the first half of the year 2014, the Plaintiff is the PVC CF Corporation at the site located in Daegu-gu, Daegu-gu (hereinafter referred to as the “Tgu Corporation”).
2) On January 1, 2016, the date following the agreed payment date for the payment of the construction price of KRW 32,000,000 remaining after receiving only 10,000 as the down payment from the above Defendant as a verbal re-subcontract, and damages for delay from January 1, 2016, the date following the agreed payment date for the re-subcontract 2) the Plaintiff supplied the said Defendant with the materials of the screen and virtue Corporation related to the pollution prevention facilities of D (hereinafter referred to as the “Mexico Corporation”) and was not paid to the said Defendant, and damages for delay from October 2, 2015, the following date for the payment thereof.
(b) Article 208(3)3 of the Civil Procedure Act, based on which recognition is based;
2. Determination as to the claim against the defendant B
A. The Plaintiff’s assertion 1) On September 30, 2015, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) by preparing a loan certificate to pay KRW 30,000,000 to E by concluding an agreement on the subcontract price and the due date for the re-subcontract of the Daegu Construction, the Plaintiff’s actual operator, and the due date for the payment of the construction cost (Evidence A 3).
As a substantial representative of the Defendant Company, Defendant B also has the obligation to pay the Plaintiff the Daegu Construction Price of KRW 32,00,000 and damages for delay from the date following the due date pursuant to the above declaration of intention. Defendant B did not have been registered as an executive of the Defendant Company. However, Defendant B did not make all decisions regarding the Defendant Company’s business; ② in the process of concluding a contract for the supply of goods with Mexico Corporation, Defendant B is the Defendant B; ③ Defendant B prepared a letter of performance of the contract for the supply of goods with Mexico Corporation on September 29, 2015; and “C representative director” in the above letter of performance.