beta
Text
1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. The Plaintiff and Defendant C are Nonparty D on January 30, 2019.
Reasons
1. Defendant B’s judgment on the Plaintiff’s lawsuit against Defendant B does not dispute that Nonparty D’s claim for withdrawal of KRW 35,000,000 (hereinafter “the instant deposit”) deposited with the Plaintiff and the Defendants on January 30, 2019 by Nonparty D as the Defendant and the Defendants, which was deposited with the Chuncheon District Court No. 153 on January 30, 2019 (hereinafter “the instant deposit”).
Thus, it is alleged that the right to claim for payment of KRW 21,230,000 among the right to claim for payment of deposit exists to himself, and the lawsuit of confirmation of this case filed by the plaintiff against the defendant B does not have a benefit of confirmation against the defendant B.
(1) Defendant B asserted to the effect that the Plaintiff’s claim was dismissed on the ground that he did not conclude a construction contract with the building owner D. However, the lawsuit seeking confirmation of the right to claim deposit payment is not a lawsuit seeking a dispute over the substance of the right, and thus, the Plaintiff’s claim against Defendant B is not a benefit of confirmation of the lawsuit against the Defendant B solely on the ground that the Plaintiff’s claim against the right to deposit and the substance of the fact is different from the Plaintiff.
2. Determination as to the Plaintiff’s claim against Defendant C
A. Facts of recognition 1) Nonparty D’s owner from August 2016, as the owner of the building from around August 2016, the construction of the E-ground building (hereinafter “instant construction”).
(2) Upon receipt of the request from D, the Plaintiff, a proxy, performed the construction work of KRW 20,570,000,000,000,000,000,000 for the construction work during the instant construction work, and around August of the same year, the Plaintiff performed the construction work of KRW 6,60,000,00 for the construction work. However, on January 30, 2019, the Plaintiff did not receive the said construction work payment from D, but on the ground that as of January 30, 2019, as of KRW 153,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.