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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 78,400,00 and its amount from June 6, 2019 to July 11, 2019.
Reasons
1. As to the claim against Defendant B, the Plaintiff sought payment of KRW 9,3470,000,000,000, out of KRW 15,3670,000, which was executed by Defendant B (hereinafter “Defendant Company”) under a contract with Defendant B (hereinafter “Defendant Company”).
Comprehensively taking account of the overall purport of Gap evidence Nos. 2 and 3 and the oral argument, the plaintiff may recognize the completion of the construction work after being awarded a contract with the defendant company for the construction cost of KRW 138.6 million and the construction period of KRW 138.6 million from April 25, 2018 to May 30, 2018. The plaintiff is a person who received KRW 60.2 million from the construction cost.
According to the above facts of recognition, the defendant company is obligated to pay to the plaintiff the remaining amount of KRW 78.4 million (i.e., KRW 138.6 million - 60.2 million) and damages for delay.
Meanwhile, even based on the evidence Nos. 4 and 7, it is insufficient to acknowledge the fact that the price of the instant construction project reaches KRW 15,367,00,00 including the additional construction cost in excess of the amount stipulated in the original contract. Since there is no other evidence to acknowledge it, the Plaintiff’s assertion seeking payment of the amount exceeding the remaining price of the construction project recognized as above is without merit.
2. The plaintiff asserts that, in determining the claim against the defendant C, the defendant C is jointly and severally liable for the payment of the work price, since it has abused the corporate personality of the defendant C.
If a company has the external form of a corporation, but it merely takes the form of a corporation and practically takes it into account to another person's private enterprise behind the corporate personality, or is used without permission for the purpose of avoiding the application of laws against the person behind the corporate personality, the company and the person behind the corporate action even though it is an act of the company.