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1. Defendant C Co., Ltd.: (a) KRW 64,910,00 for Plaintiff A and KRW 8,228,00 for Plaintiff B and each of them on May 18, 2017.
Reasons
1. Comprehensively taking account of the overall purport of arguments as to Gap evidence 1-1, 2, Gap evidence 2, Eul evidence 3-1 through 11, Gap evidence 4, 5, and Gap evidence 9 against defendant C (hereinafter "Defendant C"), the plaintiffs received a subcontract from defendant C with the contents that the plaintiffs leased and demolished various construction machinery at the construction site of building demolition such as Busan Dong-gu E and Busan Dongdong-gu F, etc., which the defendant company built by the defendant company, and the fact that the plaintiff A completed the subcontracted construction between November 30 and July 11, 2016 and the construction cost that was not paid by the defendant company was totaled KRW 64,910,00,00, and the plaintiff B completed the subcontracted construction on March 24, 2016 and the construction cost that was paid by the defendant company was not paid by the defendant company.
According to the above facts of recognition, the Defendant Company is obligated to pay the Plaintiff A KRW 64,910,00, and the Plaintiff B KRW 8,228,00 and delay damages calculated at the rate of 15% per annum from May 18, 2017 to the day of full payment, which is the day following the delivery of the copy of the complaint of this case claimed by the Plaintiffs.
Therefore, the plaintiffs' claims against the defendant company are justified.
2. The plaintiffs' claim against defendant D is the actual operator of the defendant company, and the defendant D is the actual operator of the defendant company, while he received the subcontract payment from the original contractor and stored for the plaintiffs, and embezzled or stolen it for personal purposes. Thus, the defendant D has the obligation to compensate the plaintiffs for damages equivalent to the above contract price.
Defendant D’s embezzlement while receiving the payment of construction cost and being kept for the Plaintiffs.
The records of Evidence No. 6, Evidence No. 7-1, 2, 8, and 9 are alone as to whether the plaintiffs inflict damages by deceiving or deceiving the plaintiffs with a considerable amount of construction cost.