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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
Plaintiff’s assertion
Around February 2011, Jinjin Construction Co., Ltd. (hereinafter referred to as “Dinjin Construction”) entered into a construction contract between the Plaintiff and Jinjin Construction Co., Ltd. (hereinafter referred to as “Dinjin Construction”) with the term “Dinjin Construction Co., Ltd.” (hereinafter referred to as “Din Construction”) for the entire construction cost as a lump sum subcontract to the Plaintiff by setting the construction cost as KRW 5.6 billion.
However, taking into account the circumstances that the Plaintiff did not hold a comprehensive construction business license, the Plaintiff was to perform the said C construction under the name of Jinjin Construction, and the Jinjin Construction was to pay the Plaintiff the balance remaining after deducting the construction cost spent from the said 5.6 billion won to the time when the said construction was completed.
Around June 13, 2011, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant Company, and the Plaintiff employed Defendant B entered into a construction contract with the Defendant Yellow Industry Co., Ltd. (hereinafter “Defendant Company”) to determine the cost of the work as KRW 429 million and the cost of the work of the said C Corporation (hereinafter “instant construction”). Defendant B employed Defendant B as the site manager of the instant construction project, and was in charge of the management of the said construction and the execution of the funds.
The plaintiff's excessive claim for construction cost and the subsequent claim of this case, however, the defendant company's field agent D applied that the plaintiff did not actually perform the construction work by using that part of the construction work, and that part of the construction work performed by other companies, and the defendant Eul filed a claim for construction cost with the defendant company in collusion with D, with the defendant company's knowledge that the defendant company claims construction cost more than the construction cost, and the defendant company filed a claim for a senior construction with the defendant company to pay excessive construction cost of KRW 52,0190,000 to the defendant company, which constitutes the ratio of non-construction among the above construction cost.