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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
(a) Defendant A, E, and Defendant C shall make every effort to cooperate with each other;
5. Defendant A shall enter into a construction contract with a contractor designated by E, on condition that the construction work is performed with the lessee’s funds.
6. Defendant A shall enter into a contract for construction work with a contractor designated by E after obtaining the consent of shop occupants, and shall enter into a contract for construction work upon obtaining the authorization or permission.
B. On January 3, 2006, the Plaintiff (formerly: Digital Construction Co., Ltd.) entered into a contract for the instant construction project (hereinafter “instant contract”) with Defendant A and the Plaintiff on January 3, 2006.
1) On the same day, H Co., Ltd. (hereinafter “H”) was concluded.
A) At the time of the representative E of the instant contract, H did not exist. In the same way as the instant contract, the Plaintiff entered into a contract for the instant construction project, and the important provisions of the instant contract are as follows. The obligations of Defendant A (Defendant A and Plaintiff’s obligations) under Article 3 (Obligation of the Plaintiff)* The granting company (H) shall immediately return the loan which was invested when the construction is delayed because the construction is substantially delayed due to the reasons of the instant project area. The granting of the loan which was invested in the event that the construction is delayed due to the delay shall be immediately returned. The Plaintiff (contractor)’s obligation 2), 1.355 billion won, which is the initial cost, such as authorization and permission, shall be lent to the enforcement company (H).
4) The above amount of online banking is deemed to have been received by Defendant C. (H) In accordance with the foregoing provision, the Plaintiff remitted KRW 300 million to Defendant C on January 4, 2016.
C. On December 28, 2005, the construction of the instant construction project was conditionally decided as a result of the construction deliberation related to the instant construction project, and the construction permission was issued on April 20, 2006.
However, the construction of this case was not yet commenced.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, 32, Eul evidence 2 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendants shall perform the instant construction work to the Plaintiff.