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1. The plaintiff (appointed party)'s claim is all dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by comprehensively taking into account the overall purport of the arguments in Gap evidence Nos. 1, 2 and Eul evidence Nos. 1 and 2 (including branch numbers).
Since May 2014, M Co., Ltd. (hereinafter referred to as “M”) was contracted with N Co., Ltd. (hereinafter referred to as “the instant construction”) from Seosan City to the construction cost of KRW 10,241,350,000, and the construction period of KRW 7, 201, from May 7, 2014 to September 14, 2016.
B. On March 21, 2016, Q Co., Ltd. (hereinafter “Defendant B”) supplied the instant structure construction work (hereinafter “instant structure construction”) from Mar. 21, 2016 to the subsidiaries of Defendant B Co., Ltd. (hereinafter “Defendant B”) by determining the construction cost of KRW 1,109,90,000, and the construction period from March 21, 2016 to June 30, 2016.
Q and M changed the construction content and construction period several times, and finally, on September 12, 2016, the end of the construction period was changed to September 14, 2016, and the construction cost was changed to KRW 1,293,60,000.
Defendant D, the representative director of Defendant B, guaranteed the obligation of Q Q Q as an individual qualification.
C. Around January 2017, the Plaintiff (Appointed) and the Appointers, etc. leased equipment among the construction machinery for the instant structure construction, but did not receive the rent, and the Plaintiff, Q and Defendant B filed a lawsuit seeking the payment of the rent for the above heavy equipment rental fee with this court (2017Gadan50206). On December 19, 2017, the said court accepted only the claim against Q Q on the ground that the conclusion of the contract for the rent of heavy equipment rental with the Plaintiff (Appointed) and the designated parties cannot be deemed to be M or Defendant B, and dismissed all the claims against M and Defendant B.
The Plaintiff (Appointed Party) and the appointed parties appealed against M and Defendant B by Daejeon District Court No. 2018Na10049, but the said court rendered a judgment dismissing the appeal on November 8, 2018, and the said judgment was rendered on the same date.