1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 6, 2013, the Gyeongnam Enterprise Co., Ltd. (hereinafter “Gyeongnam Enterprise”) and the Defendants concluded a contract with the Incheon Regional Maritime Affairs and Fisheries Office of the Ministry of Oceans and Fisheries for the construction period of the Incheon Southern Port No. 3 dredgingtong Bridge construction work between September 13, 2013 and September 11, 2016, with the total construction price of KRW 28 billion.

The representatives of the instant joint contractors consisting of Gyeongnam Company and the Defendants are the Gyeongnam Company. The internal share ratio is 70% of the Gyeongnam Company, 20% of the Defendant Promotion Company, and 10% of the Defendant Shin Jin Construction Co., Ltd.

B. On October 30, 2014, the Plaintiff entered into a contract with Gannam Company to accept a total of KRW 5 billion of the construction cost of structures and piling ups of the above construction with the said construction company (hereinafter “instant subcontract”). On December 10, 2012, the Plaintiff partially changed the content that partially increased the construction cost (hereinafter “instant modified contract”). Of that, the Plaintiff’s share ratio is 55.45% and the total construction cost of the scheduled construction cost is 2,879,80,000,000.

On the other hand, only the sub-contractor is written in the contract.

C. On March 27, 2015, in the course of the Plaintiff’s construction, the company filed an application for corporate rehabilitation, and the remaining amount after deducting the construction cost received from the company Gyeongnam and the payment guarantee money received from the construction mutual aid association from the amount of the completed portion executed by the Plaintiff up to that time is KRW 1,110,387,110.

[Reasons for Recognition] The facts without dispute, Gap 1 through 8-4, 10, and 11, the fact-finding inquiry report by the administrator of Gyeongnam Company A, the purport of the whole pleadings

2. The plaintiff asserted by the parties, as the representative of the joint contractors of this case, which is a partnership under the Civil Act, entered into the subcontract of this case as a commercial activity with the plaintiff, and thus the contract of this case has effect on the defendants, who are its members. Therefore, the defendants are in accordance with Article 57 (1)