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1. All claims filed by the Plaintiff (Appointed Party) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
Reasons
1. The parties' assertion
A. The plaintiffs asserted that the construction contract was concluded and completed each process with respect to the new construction of L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L
B. The Defendant alleged as the owner of the building ordered K to give a contract for the new construction of the instant house, and K entered into a subcontract with the Plaintiffs and each process and continued construction.
Therefore, the plaintiffs can only claim construction cost against K, which is their contractual parties, and they cannot claim construction cost against the defendant.
Even if the relationship between the plaintiffs and the defendant is recognized, since damage is caused by defects in construction and non-construction in connection with the newly constructed housing of this case, the plaintiffs are liable for damages equivalent to the amount stated in attached Table 2 to the defendant
2. Determination
A. In light of the following circumstances, as to the status of K, in light of Gap evidence Nos. 2, 33, Eul evidence Nos. 1, 3, and 11 (including each serial number), witness K’s testimony, and the overall purport of the pleadings, namely, the relationship between the plaintiffs and K, the plaintiffs, the circumstances during which the plaintiffs participated in the new house construction works of this case, the specific progress of the construction works, and the method of paying the construction cost, etc., it is difficult for K to be deemed that it received monthly salary as the defendant’s agent or on-site manager. Rather, it is reasonable to view that the defendant ordered K to make a contract for the new house construction of this case, and that K has given the plaintiffs a subcontract again by each process.
(1) The Plaintiffs who are construction business operators by process are K and corresponding thereto.