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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
가. 당사자들의 지위 원고는 철근콘크리트 공사업 등을 사업목적으로 하는 법인이고, 피고들은 토목건축공사업 등을 사업목적으로 하는 법인들이다.
B. (1) On January 24, 201, the Defendants entered into a subcontract with the Minister of Land, Transport and Maritime Affairs (hereinafter “instant subcontract”). Around July 11, 2013, the Defendants were jointly awarded a contract for C road construction works ordered by the Korea Land, Transport and Maritime Affairs, and the Ministry of Land, Transport and Maritime Affairs. (2) The Defendants entered into a contract with the Plaintiff to amend the contract amount to KRW 53,500,00 (the contract amount to be changed to KRW 7.25 billion, the construction period from February 25, 2013 to June 19, 2014) with respect to part of the instant road construction works (the contract amount to be changed to KRW 174,845,00, and the construction period from July 111, 2013 to July 10, 2014, adding the contract amount to the Plaintiff around October 2013.
(hereinafter the above modified subcontract is referred to as the “instant subcontract,” and construction works within the scope set forth in the instant subcontract are referred to as the “instant construction works.”
(1) From September 13, 2013 to March 18, 2014, the Defendants paid a total of KRW 380,934,900 to the Plaintiff as the completed portion of the instant construction project on five occasions, and the Plaintiff issued a tax invoice for the amount equivalent to the amount paid to the Defendant Gyeong Construction Co., Ltd. around each payment day. (2) While performing the instant construction project, the Plaintiff was suspended on February 28, 2014, and a civil petition was filed due to overdue labor costs, etc. at the construction site of the instant case. (3) As the Defendants were to demand the Defendants to establish measures by April 25, 2014 and notify the Defendants thereof.
3. On April 2014, the Plaintiff issued a tax invoice of KRW 74,800,000 in total to the Defendants, and requested the Plaintiff to pay the said amount directly to the Plaintiff’s employees, etc. and the Defendants are the Plaintiff.