1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The status of the parties, etc. 1) Plaintiff (former C Co., Ltd.) was changed to D Co., Ltd on March 12, 2008, and the trade name was changed to March 26, 2012.

The term "Plaintiff" in total below shall be referred to as "Plaintiff"

)는 기계설비공사업, 전기소방공사업, 토목건축공사업 등을 영위하는 회사이고, 피고는 2003. 5. 1.경부터 이 사건 소제기 당시까지 원고의 직원으로서 여러 공사현장의 현장소장으로 근무하던 사람이다. 2) 주식회사 에스아이종합건설(원래 광명종합건설 주식회사였는데, 2008. 2. 12. 광토종합건설 주식회사로 상호가 변경되었다가 2009. 4. 21. 주식회사 에스아이종합건설로 상호가 변경되었다. 이하 통틀어 ‘에스아이종합건설’이라 한다)은 건축공사업, 토목공사업 등을 영위하는 회사이다.

B. (1) On February 8, 2006, the Plaintiff entered into a subcontract agreement between the Plaintiff and Esia Comprehensive Construction (hereinafter “instant G Hospital construction”) with respect to the installation and repair work of the G Hospital contracted for the extension and repair work of the G Hospital, which was ordered by G Hospital, from the construction of the said extension and repair work (hereinafter “instant G Hospital construction”).

(2) A contract amount of KRW 22,033,00 (including value-added tax) and the period of construction from February 8, 2006 to October 30, 2006 was agreed to accept the subcontract (hereinafter “instant subcontract”).

A) Around that time, according to the Plaintiff’s instruction, the Defendant served as the head of the site of the G Hospital Corporation, and H as the head of the Working Group of the G Hospital Corporation, respectively. (2) On October 19, 2006, the SA General Construction appears to have been the actual owner of the G Hospital Corporation.

Under the joint and several guarantee of the Plaintiff, until November 10, 2006, the interest rate of KRW 22,033,000 under the instant subcontract was set at 40% per annum.

The Notarial Deed of the G Hospital (hereinafter referred to as the “Notarial Deed of the instant G Hospital”) stating that the reimbursement will be made.