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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. Facts of recognition;
A. On February 3, 2015, Defendant B entered into a contract under which Defendant B entered into a subcontract with Defendant D Construction with the period from February 3, 2015 to October 11, 2015 (hereinafter “instant subcontract contract”); Defendant B entered into the instant subcontract contract with the period from February 3, 2015 to October 11, 2015; and Defendant B entered into a subcontract with Defendant D Construction with the period from February 3, 2015 to October 37, 2015, respectively.
B. Around May 6, 2015, Defendant D Construction, including the Plaintiff, had the employees affiliated with D, who work for the Plaintiff, construct a boundary stone and sidewalk block at the site of the instant subcontracted construction work.
C. Around that time, the Plaintiff submitted a written estimate (hereinafter “instant estimate”) that the total estimated price for the construction of the instant subcontracted project is KRW 12,956,00,00, among the instant subcontracted projects, to Defendant Hah Construction for KRW 12,95,00.
After that, on July 30, 2015, Defendant B entered into a modified contract with Defendant D&D and with the content that the construction cost of the instant subcontract shall be increased to KRW 38,959,000.
E. The Defendants, around August 2015, drafted an agreement with the Jeonnam Development Corporation to pay the instant subcontract price directly to Defendant HaHa Construction among the construction cost that the Jeonnam Development Corporation should pay to Defendant B.
[Reasons for Recognition] Facts without a partial dispute, Eul's statements, Eul's Evidence Nos. 1, 2, 4, 5, Eul's Evidence No. 1, witness E and F's testimony, the purport of the whole pleadings
2. As to the claim against the defendant B
A. The Plaintiff’s assertion was merely awarded a subcontract for the construction of boundary stone and sidewalk block among the instant subcontracted works from Defendant Ah Construction, but Defendant B’s site manager instructed the Plaintiff to perform the construction of “survey of soil and sand, aggregate extraction, and auxiliary aids,” etc. during the instant subcontracted works, and completed the said construction.
G is the head of the field office belonging to the defendant B.