Text
The plaintiff's claim against the defendants is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The Plaintiff’s assertion is a person who runs a construction business in the name of D, and the Defendants, around 2016, ordered the Plaintiff to pay construction cost of the construction work of the construction work of the Cheongju-gu E (hereinafter “instant construction work”) at KRW 304,00,000, and the Plaintiff completed the construction work.
However, while the Defendants did not pay the Plaintiff the construction cost of KRW 250,000,000 among the above construction cost, they paid the Plaintiff with substitute land and G roads in substantial jurisdiction at the time of Cheongju, and on April 5, 2018, the Defendants drafted an agreement and a letter of confirmation that they would pay KRW 54,00,000 within 90 after the completion of the construction site.
The instant construction was completed around July 17, 2019.
In addition, the Defendants requested the Plaintiff to perform the additional construction from October 2019 by requesting the Plaintiff to perform bath and swimming pool construction, and thereby additional labor costs of KRW 7,953,610 were generated.
Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the total sum of the above construction cost of KRW 61,953,610 and KRW 54,00,00 among them, damages for delay from October 18, 2019 to December 1, 2019.
2. On the basis of the judgment, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff had been awarded a subcontract for the instant construction work from the Defendant, and there is no other evidence to acknowledge it, and rather, according to the evidence evidence Nos. 1 and 4, the Plaintiff appears to have been awarded a subcontract for the instant construction work from H.
On the other hand, according to the evidence No. 3 of this case, Defendant B promised to pay to the Plaintiff KRW 54,00,000 payable for the work of this case within 90 days after the completion of this work site.
“The agreement and confirmation letter to the effect that the payment of the construction cost was completed in the name of Defendant B, and the fact that the name and seal of Defendant B was affixed to the said document is recognized.