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1. Of the part against Defendant A Co., Ltd. in the judgment of the court of first instance, the following amount of payment order is applicable.
Reasons
1. Basic facts
A. Libya Korea Co., Ltd. (hereinafter “Liby Korea”) was awarded a contract with the Korea Western Industries Co., Ltd. for H&D Co., Ltd. (hereinafter “Liby Korea”) with the Korea Western Industries Co., Ltd. (hereinafter “the instant construction”).
B. On August 29, 2014, Defendant Company subcontracted F.A.B. All of the instant construction works (catch works, facility works, equipment installation works, trial run, and T.A.B) to Korea.
C. On October 2014, the Plaintiff entered into a contract for the supply of construction materials necessary for the instant construction project at the first floor office B and Defendant Company 1’s office (hereinafter “instant supply contract”). D.
From October 2014 to December 2014, the Plaintiff supplied green materials to the instant construction site from October 2014, and issued a tax invoice of KRW 67,680,874 in total to G upon the request of B that the tax invoice be issued.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 20 through 24 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 15, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1 B and C did not have the intent or ability to pay the price of the goods even if the materials are supplied by the Plaintiff, but either their own or the Defendant Company received a subcontract from the Republic of Korea, and as if there were legitimate authority, by deceiving the Plaintiff, thereby incurring damages equivalent to the price of the goods.
The Defendant Company used the name of the president of the Defendant Company, and conspiredd or aided B, etc. to commit the above illegal acts.
Therefore, Defendant Company is liable to compensate the Plaintiff for damages as joint tortfeasor B, C, and even if not, as an employer B, for the above tort, pursuant to Article 756 of the Civil Act.