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1. Defendant B’s KRW 28,897,710 and the Plaintiff’s annual rate of KRW 5% from October 26, 2014 to May 7, 2015.
Reasons
1. Determination as to the claim against Defendant A
A. The plaintiff's assertion 1) The plaintiff is the defendant A Co., Ltd. (hereinafter "the defendant company").
Upon the Defendant Company’s request, construction materials have been supplied on credit at the construction site C, D, and E in Jeju-si, which was conducted by the Defendant Company from June 2014. The Defendant Company sought against the Defendant Company payment of the unpaid materials amount of KRW 28,897,710 and delay damages therefrom until August 27, 2014. Even if the Defendant Company did not directly conclude a contract for the supply of materials with the Plaintiff, it is liable for the nominal lender pursuant to Article 24 of the Commercial Act, since the Defendant Company permitted Defendant Company to engage in its business by using the name of the Defendant Company. (2) Defendant Company’s assertion was contracted for the new construction of the G-based neighborhood living facilities and multi-family houses at Jeju-si, and the portion of the molded wood construction was supplied to Defendant B on June 16, 2014, and it did not have concluded a material supply contract between the Plaintiff and the Plaintiff.
B. According to each of the statements in Gap evidence Nos. 2-1, 2, and 3, the plaintiff may be found to have issued the electronic tax invoices of Chapter 16,646,080, total amount of materials supplied by the supplier and the defendant company to the supplier. However, the following circumstances are as follows: (a) the defendant company was awarded a contract for the construction of the G ground neighborhood living facilities and multi-family house with F and H in Jeju on June 9, 2014; (b) the part of the molding construction was subcontracted to the defendant B on June 16, 2014; (c) the part of the molding construction was subcontracted to the defendant B for the construction price of KRW 69,00,000,000,000,000, which was directly concluded with the plaintiff; (d) each of the goods supplied by the plaintiff to the plaintiff [including evidence Nos. 1, A, 4, 5, 6, and E (including the number).