1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. Party 1) The Plaintiff, from July 5, 2013, operated a restaurant with the trade name “G” located in Busan City F, against the members of the construction site. 2) Defendant Korea Comprehensive Construction Company (hereinafter “Defendant Company”) subcontracted construction works, such as mold mold, sprink, steel bars, and concrete mold, among the instant construction works, to KRW 1,310,00,00,000, around March 8, 2015 (hereinafter “instant construction works”) while performing D construction works in Busan Metropolitan City (hereinafter “Defendant Company”) and E Co., Ltd. (hereinafter “E”).

(B) Defendant B, who is in the position of regular business of E, is a joint and several surety under the instant subcontract E. (b) Defendant B entered the instant subcontract into the instant construction site and performed the instant subcontracted construction. In that process, Defendant B entered the instant construction site into a meal order contract with the Plaintiff on February 11, 2015 (hereinafter “instant contract”), and the Plaintiff provided meals to the public.

2) The Defendant Company was delegated by Defendant B with the payment of meal expenses for the group members of E from April 30, 2015, and approved the Plaintiff on behalf of the above group members until April 30, 2015, and deducted this from the construction cost of the instant subcontract to be paid to E. However, as E discontinued on or around June 2015, the instant subcontract was suspended, the Defendant Company failed to pay the Plaintiff the meal expenses of KRW 32,516,500 for the group members of E from May 2015 to June 2015. [Grounds for recognition]: (i) there is no dispute; (ii) there is no evidence of subparagraphs A through 6; and (iii) Nos. 1 through 4,7, and 11 (where number is available, including each number; hereinafter the same shall apply).

each entry, part of H’s testimony, the purport of the whole pleading

2. Determination

A. According to the facts of determination 1 as to Defendant B, Defendant B as a party to the instant contract, barring any special circumstance, is 32.5% of the unpaid meal costs from May 2015 to June 2015.