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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On August 6, 2013, the Defendant and D entered into a contract for construction works with a limited liability company (hereinafter “Yanju Construction Industry”) under which the construction cost is KRW 5 billion (excluding value-added tax) and the construction period is fixed from September 13, 2013 to January 30, 2014, with respect to the construction works extending the Fweur (hereinafter “instant construction works”), which are cultural assembly facilities and Class II neighborhood living facilities, on the ground outside Asia-si and four parcels (hereinafter “instant construction works”).
B. After the above contract, the construction industry entered into a subcontract with the Plaintiffs on the condition that the construction cost for the electricity and telecommunications works in the instant construction project is KRW 270 million (excluding value-added tax) and further subcontracts.
(hereinafter referred to as the “instant subcontract”) C.
After that, on October 15, 2013, the Jeju Construction Industry renounced the instant construction project with the Defendant and D agreed to suspend the instant construction project and to receive only personnel expenses incurred until the time of suspension.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, witness D's testimony, whole purport of pleading
2. Summary of the parties' arguments
A. The Defendant and D agreed to pay the construction cost under the instant subcontract agreement concluded with the Defendant to the Plaintiffs directly.
After having waived the instant construction work, the Plaintiffs, based on the instant subcontract agreement between the Defendant and D, performed the electricity and telecommunication construction work during the instant construction work, and the Defendant and D paid the price directly to the Plaintiffs.
Afterward, the Defendant and D (hereinafter “Plaintiff A”) are the Plaintiff Company A (hereinafter “Plaintiff”) as the price for electrical construction, including the construction cost for the additional works executed by the Plaintiffs, KRW 290 million, and Plaintiff B (hereinafter “Plaintiff B”).