1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On November 13, 2013, the Plaintiff prepared a construction work execution contract between Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Plaintiff, which entered into a contract with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to subcontract the furniture construction to the Defendant Co., Ltd. (hereinafter “BL”).

(hereinafter “instant construction contract”). The date of completion stipulated in the instant construction contract is March 31, 2014; and the contract amount is KRW 440 million.

B. On November 14, 2013, the Plaintiff wired the total amount of KRW 220 million to the account of the Defendant Company, and KRW 440 million on December 12, 2013, totaling KRW 220 million, to the account of the Defendant Company. Around that time, the Defendant Company issued a tax invoice to the Plaintiff.

C. When Defendant B operated D (hereinafter “D”), Defendant B was awarded a subcontract for a civil engineering work among D works under the name of d from d, and was also registered as the representative director of the Defendant Company from April 11, 2013 to March 21, 2014.

The Plaintiff did not request the Defendant Company to supply the furniture from the conclusion of the instant construction contract to the time of filing the instant lawsuit, and the Defendant Company did not deliver the furniture to the Plaintiff.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 3, and 4 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Defendant B’s liability for tort damage caused by the tort is false to F, an employee of the Plaintiff, as if he did not have an intent and ability to supply a household under the instant construction contract, and entered into the instant construction contract with F, an employee of the Plaintiff, and acquired the cost of furniture construction (40 million won) from the Plaintiff.

The defendant company actively participated in the illegal acts of the defendant company B and received the cost of household construction through the passbook of the defendant company.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 40 million won and damages for delay.