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1. The plaintiffs' primary claims are dismissed.
2. The defendant,
A. Plaintiff A Co., Ltd.: KRW 1,400,812,745 and this.
Reasons
1. Judgment on the main claim
A. The Plaintiffs’ assertion 1) served as an employee of the Plaintiffs from 2008 to 2014, while engaging in the business of selecting a subcontractor and concluding contracts. The Defendant, using the aforementioned positions, concluded a contract by releasing the subcontract price with the subcontractor and received a total of KRW 3,072,785,120 (including KRW 2,291,700,000 related to Plaintiff A corporation, KRW 577,250,000 related to Plaintiff C corporation, and KRW 203,835,120 related to Plaintiff B corporation, and the Defendant acquired profits by receiving rebates from the subcontractor in the manner of receiving return of the considerable amount of the subcontract price from the subcontractor company. Accordingly, the Defendant committed a tort in which the amount of rebates received from the subcontractor company and the Plaintiff A corporation (hereinafter “stock company” in the name of the Plaintiff Company”).
2) The Defendant is obligated to pay to the Plaintiff C the damages for delay for the amount of KRW 2,291,700,000, KRW 57777,250,000, and KRW 203,835,120 and the damages for delay for the said money. 2) The Defendant is a lump sum subcontractor who is in charge of the works ordered by the ordering authority and is not an employee under the direction and supervision of the Plaintiffs.
However, since the collective subcontract violates the Framework Act on the Construction Industry, in order to prevent the disclosure of the collective subcontract relationship, the plaintiffs and the defendant have the same appearance as the direct contract between the plaintiffs and the subcontractor, and they have entered into a business contract with the defendant as a practice of the collective subcontract according to the understanding of the plaintiffs, and received the benefits from the subcontractor.
B. The provisions of the main sentence of Article 29(1) of the Framework Act on the Construction Industry, Articles 31(1) and 21(1) of the Enforcement Decree of the same Act, etc. are contracted to the constructor.