1. The Defendants shall jointly and severally pay to the Plaintiff KRW 35,200,517 and the interest rate thereon from June 15, 2018 to the date of full payment.

Basic Facts

The Plaintiff is a corporation that manufactures and sells windows, glass, paints, and other construction materials, and Defendant C is a director of Defendant B Co., Ltd. (hereinafter “Defendant Company”), who actually executed the Do Private Housing Corporation in Gangwon-do (hereinafter “instant Private Housing Corporation”).

The Defendant Company granted the director position to Defendant C and allowed the instant D’s private housing construction work under the name of the Defendant Company, and Defendant C submitted to the Plaintiff an application for registration of the Home CC C’s partnership under the name of the Defendant Company on June 28, 2017, requesting the Plaintiff to supply the instant private housing construction work and perform installation work at the site of the instant private housing construction work.

(2) On September 30, 2017, the Plaintiff supplied goods, such as balconys, to the site of a multi-family housing construction site in accordance with the instant supply contract, and continued installation works, and received a written confirmation from Defendant C on September 30, 2017.

On June 30, 2017, the Plaintiff issued a tax invoice of KRW 7,605,40,00 for the total construction cost, other than KRW 24,310,440, and obtained approval from the Defendant Company, and received from the Defendant Company the payment of KRW 31,915,840 for the said construction cost (= KRW 24,310,440 for KRW 7,605,40).

The Plaintiff issued a tax invoice of KRW 35,841,062 for the goods on September 30, 2017 to the Defendant Company, and filed a claim for construction payment of KRW 51,201,51,517 (i.e., KRW 35,841,062 won) (i.e., KRW 15,360,455 won), but the Defendant C paid KRW 16,000 for the total sum of KRW 16,200,000 and KRW 35,201,517 (i.e., KRW 51,201,517 won - KRW 16,00,000,000 for construction payment).

[Reasons for Recognition] The Defendant C and the nominal lender, who are the actual business owners of the Plaintiff, are asserting the parties to the determination as to the grounds for the claim of the entire purport of the pleadings, as to the non-contentious facts, Gap evidence Nos. 1 through 15.