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All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion was to supply building materials, such as steel, at the site of the construction of a new apartment house (urban-type residential housing) located in Seo-gu Daejeon Special Metropolitan City (hereinafter “instant construction”).
Defendant B borrowed a construction business license from J Co., Ltd. and obtained the construction license of this case, K Co., Ltd. is a contractor, L Co., Ltd. is a subcontractor who has been awarded a contract for the above construction, and the remaining Defendants except Defendant B jointly and severally guaranteed the payment obligation for the goods related to the instant construction.
Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the price for the goods supplied by the Plaintiff at the construction site of this case.
2. Comprehensively taking into account the purport of evidence No. 1, Defendant B’s entire pleadings, as a whole, concluded on April 17, 2016 that Defendant B shall pay the construction cost to the said construction work upon purchasing the instant construction site from J Co., Ltd. to the date and time of the said construction contract, and the remaining Defendants jointly and severally guaranteed Defendant B’s obligation to pay the purchase price to J Co., Ltd.
However, the parties to the above Agreement are J Co., Ltd. and Defendant, and the above Agreement (Evidence A No. 1) does not state the Plaintiff.
Therefore, the above evidence and the facts of recognition are insufficient to recognize that the Defendants agreed to bear the obligation to pay for the goods to the Plaintiff, and there is no other evidence to acknowledge it.
B. Although the Plaintiff applied for a payment order against L Co., Ltd., K, and M and the payment order was finalized, the Plaintiff asserted to the effect that the above debtor is insolvent, and thus, the above debtor's claim is sought for the payment of the price of goods by subrogation of the above debtor. However, it is insufficient to recognize the fact that the above debtor is insolvent, and it is recognized that the above debtor has any claim against the defendants.