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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
1. Basic facts
A. On April 2016, Defendant G received re-subcontracts from the Plaintiff at the time the Plaintiff subcontracted the construction of I kindergarten at H when he was subcontracted by the literature construction Co., Ltd. (hereinafter “LL construction”), and thereafter, the Plaintiff, Defendant G, and literature construction drafted the construction cost and labor cost documents, and submitted them to the J, the actual operator of the Plaintiff, and submitted them for consent, and agreed to pay the construction cost and labor cost directly to the construction company or workers upon the request.
B. From August 2016 to December 2016, Defendant G filed a claim for KRW 36,172,70 in the name of Defendant C, as if he/she performed a work under the name of Defendant C, including KRW 12,021,070 in the name of Defendant C, and KRW 10,481,880 in the name of Defendant D, and KRW 13,69,750 in the name of Defendant E, and KRW 13,750 in the name of Defendant E, and received KRW 36,172,70 in total.
C. Around November 30, 2016, Defendant G demanded construction costs of KRW 22,00,000, as if he/she performed the said construction work, even though Defendant G had built the tin of the said construction work in Dosan-si, which is not related to the said construction work, by the Defendant G around November 30, 2016.
피고 G은 2016. 12. 9.경 피고 F이 운영하는 L이 위 공사와 관련이 없는 익산시 K 상가건물 샷시공사를 하였음에도, 위 공사 중 샷시 공사를 한 것처럼 문장건설에게 공사비를 청구하여 2,200만 원을 지급받았다.
【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings
2. The Plaintiff’s assertion and the Plaintiff’s judgment thereon are as follows. Defendant G, in collusion with the remaining Defendants unrelated to the instant construction, by deceiving J by submitting false specifications such as personnel expenses and equipment costs, etc., and by receiving a total of KRW 177,546,00 from door construction, and by deceiving it. The Defendants committed tort with the money stated in the purport of the claim that they received in their respective names.