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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B is the owner of the Incheon Strengthening Group DMoel, and Defendant C is the owner of the EMoel.
B. Around October 2015, the Plaintiff received orders from the Defendants for remodeling construction of the Damo and Mamoel (hereinafter “instant construction”). The Plaintiff did not accurately agree on the construction cost for the entire construction work, and did not prepare a written contract.
However, around October 19, 2015, a written contract for construction cost of KRW 55,000,000 (including value-added tax) was drawn up only for the removal works.
C. After that, the Plaintiff received construction payment from the Defendants from time to time while performing the instant construction work. The sum is KRW 160,000,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3, 8, and 9, purport of the whole pleadings
2. The Plaintiff’s assertion did not separately determine the construction cost of the instant construction project with the Defendants. However, the construction cost incurred as a result of the construction project was received and disbursed from time to time, but 12% of the total construction cost was paid as profit, and 5% was to be paid separately as a result of the construction project.
However, the Plaintiff spent KRW 170,465,70 for the instant construction project, and was obligated to pay KRW 32,653,00 to the companies that performed the said construction project after sewageing from the Plaintiff.
In addition, the Defendants paid KRW 5,00,000 to the Plaintiff according to the removal construction contract (the basic fact “B”), but paid KRW 40,000,000 to the Plaintiff. As such, value-added tax on this portion should be additionally paid KRW 4,00,000.
Therefore, the expenditure of the instant construction project is KRW 207,118,70 (i.e., KRW 170,465,700, KRW 32,653,00,000). The revenue and expenditure of the said amount are KRW 35,210,179 (i.e., KRW 207,118,700 x 17%). As such, the construction payment that the Plaintiff received from the Defendants is KRW 242,328,879 (= KRW 207,118,700), and KRW 35,210,179).
However, the defendants are the plaintiff 160. 160.